Attorney General Mayes Secures Court Order to Protect Arizonans’ Right to Vote by Mail
PHOENIX – Attorney General Mayes yesterday secured a temporary restraining order from a federal judge, temporarily blocking a new rule by the United States Postal Service (USPS) that would have imposed burdensome requirements on vote-by-mail systems ahead of the November 3 midterm elections.
"This is a win for every Arizona voter and the rule of law," said Attorney General Kris Mayes. "Arizonans have voted safely and securely by mail for decades. In a system designed by Republicans, at least three-quarters of Arizona voters choose to vote by mail. Today the court agreed that the federal government cannot upend our election system just weeks before ballots go out.”
The court found that compliance with the rule before the November elections was “practically impossible,” noting that states do not have the time to redesign and produce new ballots, update state-administered election systems, train state and local election officials, and upload a massive set of voter information to a new federal portal.
The court found that these requirements created a significant risk of disenfranchisement, particularly because USPS’s rule neither provided a deadline to the states for ballot and envelope designs nor guaranteed a turnaround time for USPS’s approval of those designs. The court concluded that states face irreparable harm because many had already ordered their ballots, with some states required by state law to begin sending them to voters as early as next week.
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 that require states to register every voter who is eligible to vote by mail with USPS and tasking USPS with compiling the registered voters into state-specific lists. The rule also establishes new design requirements for the mail-in ballot envelopes created by states, which states are required to meet and get 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.
On August 26, Attorney General Mayes joined a coalition of 25 states in filing a lawsuit to block the unlawful rule. The coalition now seeks a preliminary injunction to stop the rule from taking effect while the lawsuit proceeds and until a final court decision is made.
With the start of the general election season mere weeks away, the coalition argued the rule inflicts significant, irreparable harm on states by imposing burdensome mail voting requirements that risk disenfranchising eligible voters. The coalition argues that USPS’s rule upends successful, longstanding vote-by-mail procedures and violates federal statutes and the Constitution, which makes clear that states have the primary authority to administer elections.