Attorney General coalition sues USPS over unlawful attempt to interfere with states’ vote-by-mail procedures

“I am confident that we will succeed here, as we have many times before, thereby protecting the right of American citizens,” said Attorney General Neronha.

From a Rhode Island Attorney General press release

Rhode Island Attorney General Peter Neronha today joined a coalition of 25 states in filing a lawsuit against the United States Postal Service (USPS) challenging its new rule that purports to grant USPS the authority to regulate mail voting in elections. Tens of millions of voters across the country rely on mail-in ballots, and the coalition argues USPS’s rule will prevent states from effectively administering their mail voting programs, putting voters at risk of being disenfranchised.

“For a President who incessantly talks about combating election interference, he sure does love to interfere in our elections,” said Attorney General Neronha. “Time and time again, President Trump has lied to the American people about the legitimacy of our election system. Here, he is taking aim at voting by mail to sow seeds of distrust and inject chaos into our elections, with the ultimate goal of retaining and expanding his power. This is yet another example of this Administration’s unlawful overreach and is in direct violation of the Constitution, which makes clear that states have the primary authority to administer elections. Voting by mail is a tried-and-true method of exercising our most fundamental right as American citizens. Indeed, it’s the preferred voting method of the President himself. I am confident that we will succeed here, as we have many times before, thereby protecting the right of American citizens, Donald Trump included, to vote without interference.”

On March 31, President Trump issued an Executive Order attempting to establish a national list of eligible voters and directing the U.S. Postal Service to transmit mail ballots only to voters on the list. On August 21, USPS announced a new rule implementing the President’s demands, requiring states to register every voter eligible to vote by mail with USPS and tasking USPS with compiling registered voters into state-specific lists. The rule also establishes new design requirements for mail-in ballot envelopes created by states, which states must meet and have approved by USPS. Under the rule, USPS will not deliver ballots to voters who do not appear on the USPS-generated lists and will not deliver ballots in envelopes that fail to comply with the rule’s new standards.

The coalition argues that the rule inflicts significant, irreparable harm on states by imposing burdensome mail voting requirements that risk disenfranchising eligible voters. With the general election season mere weeks away, states must bear the cost of redesigning their mail ballot envelopes and securing USPS review and approval before they can even register mail voters with USPS. Within weeks and without additional resources, state election officials must also develop new systems to communicate mail voter lists to USPS to ensure every eligible voter entitled to a mail ballot receives one. States must also create new guidance for election officials, train them on the new procedures, and educate the public about the changes before the upcoming election.

Even if states were to meet these enormous administrative and financial burdens, the rule could still result in eligible voters not receiving their ballots due to, for instance, administrative errors or flaws in the rushed and untested new procedures.

Over the past several decades, voting by mail has become more popular across the country. In Rhode Island, Secretary of State Gregg Amore anticipates mailing approximately 30,000 ballots for the 2026 general election. Across primary and general elections in 2022 and 2024, between 9 and 14.9% of Rhode Island voters voted by mail. Since the inception of vote-by-mail, Congress has never exercised its authority to limit it and has instead taken action to expand and protect mail voting for military and overseas voters. Congress has also never authorized USPS to monitor or control the transmission of mail ballots.

The coalition argues that USPS’s rule violates the Constitution, which makes clear that states have the primary authority to administer elections, and upends successful, longstanding vote-by-mail procedures. The lawsuit argues that the rule is inconsistent with USPS’s governing statutes, ignores USPS’s procedural requirements, violates the Privacy Act, and is inconsistent with federal voting rights law. The coalition asks the court to strike down the unlawful rule and issue a temporary restraining order preventing the rule from taking effect while litigation proceeds.

This USPS rule is the latest attempt by President Trump to exert federal control over elections and seize states’ constitutional authority to administer elections. In April, Attorney General Neronha joined a coalition of 24 states in suing the Trump Administration to block its unlawful Executive Order that prompted the creation of USPS’s rule.

Joining Attorney General Neronha in filing this lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia, as well as the Governor of the Commonwealth of Pennsylvania.