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Federal judge blocks Trump administration from restricting mail-in ballots ahead of midterms

Dudley WrightBy Dudley WrightAugust 11, 20263 Mins Read
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Federal judge blocks Trump administration from restricting mail-in ballots ahead of midterms
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A federal judge in Massachusetts on Tuesday blocked the U.S. Postal Service (USPS) from implementing part of President Donald Trump’s executive order tightening mail-in voting rules ahead of the 2026 midterm elections.

U.S. District Judge Indira Talwani granted a preliminary injunction preventing the USPS from implementing or enforcing Section 3 of Executive Order 14399 for the Nov. 3 midterm elections, or any earlier federal election.

The ruling prevents USPS from refusing to transmit mail-in or absentee ballots under the challenged section and blocks rulemaking to implement certain regulations outlined in the executive order for the November elections.

The injunction does not prevent the federal government from providing nonbinding USPS guidance on ballot-mail envelopes.

JUDGE HANDS TRUMP MAIL-BALLOT WIN FOR NOW AS DEMOCRATS’ NEXT MOVE LOOMS

Talwani held a hearing Friday on the plaintiffs’ renewed request for a preliminary injunction. The Trump administration is expected to appeal Tuesday’s ruling to the 1st U.S. Circuit Court of Appeals in Boston.

Trump signed the executive order in March as part of his election integrity agenda.

It directs the Department of Homeland Security (DHS) to compile lists of confirmed U.S. citizens eligible to vote and provide them to states, instructs the USPS to establish new standards for mail-in ballots, and directs the Department of Justice (DOJ) to prioritize investigations into state and local election officials who issue federal ballots to people deemed ineligible to vote.

“Cheating on mail-in voting is legendary. It’s horrible. Democrats want to use it for cheating,” Trump said.

Tuesday’s ruling comes weeks after the 1st Circuit rejected the administration’s attempt to enforce other provisions of Trump’s executive order while a separate legal challenge proceeds.

OBAMA-APPOINTED JUDGE BLOCKS TRUMP’S ELECTION ORDER AS SAVE AMERICA ACT FIGHT INTENSIFIES

President Donald Trump signs executive orders on Inauguration Day.

In a 2-1 decision July 25, the appeals court denied the DOJ’s request to pause a June ruling blocking several provisions of Trump’s order in 23 Democratic-led states and the District of Columbia.

That lawsuit was led by California, Massachusetts, Nevada and Washington. The states argued that the Constitution gives states primary responsibility for administering federal elections and that Trump exceeded his authority by directing federal agencies to impose new voting requirements.

Talwani had previously blocked several provisions of the executive order in June, finding they likely exceeded the president’s authority. The appeals court left that injunction in place July 25, while the administration’s appeal proceeds.

The DOJ previously told the appeals court it could seek emergency relief from the U.S. Supreme Court if it did not prevail.

Gualala, CA, July 4, 2020 - Person mailing United States absentee ballot for voting in an election by mail.

The League of Women Voters of Massachusetts praised Tuesday’s ruling, saying it protects voting rights for people who rely on voting by mail.

“The League of Women Voters of Massachusetts commends the court for upholding one of our most sacred constitutional rights: the right to vote,” a representative for the organization wrote in a statement shared with Fox News Digital. “We are pleased to see this ruling and are committed to remaining in the fight to protect voting rights – not just for the Bay Staters who rely on mail voting, but for every American who utilizes this safe, secure, and trusted tool.”

The White House, DOJ and USPS did not immediately respond to Fox News Digital’s requests for comment.

Talwani ordered the plaintiff organizations in Tuesday’s ruling to post a nominal $100 bond by Aug. 18.

Read the full article here

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