U.S. Appeals Court Allows the USPS Mail-In Voter Verification Plan to Proceed, But Other Challenges to Trump’s Executive Order are Still Active



A U.S. district court of appeals has allowed President Donald Trump’s executive order, directing the U.S. Postal Service to verify the citizenship of mail-in voters, to move forward.  But other active cases argue it violates the Constitution.

The NAACP filed the challenge as a violation of a 2020 decision against the USPS for ballot-delivery slowdowns during the pandemic. The DC appeals panel granted a stay of the lower court’s decision which halted the president’s directive to have the USPS create “state citizenship lists,” then verify the eligibility of voters receiving and sending mail-in ballots.   

The court said the NAACP’s complaint was QUOTE, “neither constitutionally nor prudentially ripe for review.” In other words, no harm had yet occurred, and the appeals panel allowed the Postal Service’s preparations to continue for the November election.

More challenges are coming.   A Massachusetts federal district court ruled in June that “no law enacted by Congress delegates authority to control mail-in voting to USPS,” UNQUOTE.   Under the Elections Clause, administration of elections is granted to the states and Congress, not the executive branch.  Another case by the League of Women Voters argued, and the district court agreed, that the data to be used for the state citizenship lists violates federal privacy statutes.  

We have more on the cases at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

The White House – ENSURING CITIZENSHIP VERIFICATION AND INTEGRITY IN FEDERAL ELECTIONS
U.S. Postal Service via The Federal Register – Proposal to Comply President Trump’s Executive Order: POSTAL SERVICE 39 CFR Part 111 Ballot Mail for Federal Elections
U.S. District Court of Appeals for DC (via Democracy Docket) – Stay in NAACP v. DeJoy
The Hill – Appeals court narrows setback for Trump USPS mail-in ballot policy
Brennan Center for Justice – Analyzing the President’s Executive Order on Mail Voting

Related ADM Reports:

American Democracy Minute – Federal Court Blocks Trump Administration from Implementing Key Parts of Executive Order on Elections as Unconstitutional Overreach

American Democracy Minute – Federal District Court Rules Use of Social Security and Other Federal Data for SAVE Database Violates Multiple Federal Privacy Statutes

Groups Taking Action:

Legal Defense Fund, League of Women Voters

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – Register And Vote in Your State


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