Arizona, other Democratic-led states file lawsuit seeking to block Trump’s order limiting mail-in voting

PHOENIX (AZFamily/AP) — Arizona and other Democratic-led states on Wednesday filed another lawsuit challenging President Donald Trump’s executive order seeking to limit mail voting in this year’s midterm elections.

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The action, filed by Arizona and about two dozen states against the U.S. Postal Service, marked a new phase in the high-stakes litigation just two days after the Supreme Court ruled against them in a separate case, but did not say Trump’s order was legal.

The high court majority found the Democratic lawsuit was premature, but that was before the Trump administration issued a rule governing USPS delivery of mail ballots.

In March, Trump signed an executive order that directed the Department of Homeland Security to create lists of eligible voters in each state, and the order directs the USPS to only deliver ballots to people on those lists.

Friday’s USPS rule says that if states want their mail ballots delivered, they’ll need federal approval of the design of their envelopes and must give the Postal Service a list of voters eligible to receive them.

In Wednesday’s lawsuit, Mayes and other states argue that the USPS’s rule will prevent states from effectively administering their mail voting programs, putting voters at risk of being disenfranchised.

They also note that with the start of the November election weeks away, states will have to take on “enormous administrative and financial burdens” to meet the new rule’s requirements.

In Arizona, military and overseas ballots are mailed out in September, and early voting and mail ballots are sent out statewide in October.

“This attempt to inject chaos and doubt into our election system would harm the millions of Republicans, Democrats, and Independents who choose to vote by mail as they exercise their constitutional right to vote,” Attorney General Kris Mayes said in a statement.

“The Constitution is crystal clear: states run their elections – not the postal service and not the President.”

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Mayes and the other states have asked the court to block the USPS rule from taking effect while litigation continues.

Arizona’s Family 2026 Elections Guide

The legal battle over mail-in voting

Trump’s executive order remains barred from taking effect under a separate injunction that the administration argues needs to be immediately rescinded in light of the Supreme Court’s ruling in the previous Democratic state lawsuit. The administration also had succeeded in a third case filed in May in the District of Columbia, convincing a judge that it was too early to prevent its implementation of the executive order.

All previous challenges were filed before the administration published its mail ballot rule Friday night. The rule says that if states want their mail ballots delivered, they will need federal approval of the design of their envelopes and must give the Postal Service a list of voters eligible to receive them.

National Democrats on Tuesday cited the rule in asking the federal judge in the Washington case to block Trump’s order after he declined to do so last spring, saying the administration at the time had not taken concrete action. In Boston, U.S. District Judge Indira Talwani also found that the administration moving forward with the mail ballot rule had violated a separate injunction she had placed on the Postal Service prohibiting it from enacting Trump’s order, although she did not take any action against the government.

Talwani, who was nominated by Democratic President Barack Obama, had issued the injunction against Trump’s executive order in the prior Democratic state case, which is the one the Supreme Court overturned on Monday. She has yet to act on the administration’s urging her to revoke her second injunction. It was issued Aug. 11 in a case against the executive order and was filed by the League of Women Voters and other voting rights groups while the Supreme Court was considering the administration’s appeal of the judge’s first order.

Trump has long targeted mail voting, which he falsely blames for his 2020 election loss and is disproportionately used by Democrats as a result of Trump’s condemnations.

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