Illinois, along with over two dozen states, requested on Wednesday that a federal court prevent President Donald Trump’s efforts to involve the U.S. Postal Service in the election process shortly before the midterms. The states argue this move aims to make the Postal Service the determiner of mail-in ballot eligibility.
The lawsuit followed the Postal Service’s release of new regulations under Trump’s direction. These directives would require states to submit lists of mail-in eligible voters to the agency. Additionally, the states would need the Service’s approval for envelope designs and tracking standards. Compliance would determine if voters receive ballots and if envelopes are delivered.
“The rule I am challenging today is yet another unlawful attempt by the Trump administration to control state voting systems,” stated Illinois Attorney General Kwame Raoul.
The lawsuit was filed in federal court in Boston. Previous challenges to mail-in balloting restrictions by Trump have also been filed there. Raoul emphasized the urgency of the issue, stating, “We are asking the court for emergency relief because the administration is trying to undermine our citizens’ access to voting within weeks of the midterm elections.” He reassured that he would not allow such disruption.
Voting by mail in Illinois is scheduled to begin less than a month from the court filing, on September 24. This suit follows a U.S. Supreme Court decision that dismissed a similar case as premature since the Postal Service had not yet implemented the executive order. However, the Court acknowledged future challenges could emerge if the Postal Service’s rules prove harmful.
The states argue that eligibility to vote is determined by state law, as is the decision to accept a ballot for tabulation. The lawsuit emphasizes the Constitution’s stance that states hold primary responsibility for election regulation, limited by Congressional preemption only. The role of the Postal Service was not established by Congress in federal election rules.
President Trump has frequently criticized mail-in voting, inaccurately blaming it for his 2020 election loss. Despite his personal use of mail-in ballots, he has argued, falsely, that it threatens the Republican Party’s existence.
The lawsuit asserts that the President and the Postal Service lack authority to implement federal election laws or specifics about mail voting. It contests Trump’s broad and false claims of election authority, evidenced by his social media posts alleging state obligations to follow federal dictates on vote counting.
Beyond constitutional challenges, the lawsuit claims violations of the federal Voting Rights Act, privacy protections, and the commitment to universal mail delivery. In the 2024 general election in Illinois, approximately 1 million votes came through mail, as reported by the State Board of Elections. This figure nearly doubled during 2020 due to the pandemic.
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