States Sue USPS Over Mail-in Voting Rules Ahead of Midterms

Legal editor Kerri Urbahn analyzed the lawsuits initiated by 24 states and Washington, D.C. against the United States Postal Service regarding regulations on mail-in voting during an appearance on ‘Fox & Friends’. Urbahn highlighted a recent Supreme Court ruling and discussed USPS regulations that require barcodes on mail-in ballots.

Virginia Governor Abigail Spanberger asserted that the Trump administration aimed to hinder the voting rights of Americans serving overseas, although the Postal Service’s final rule specifically excludes military and overseas ballots from its new requirements. Notably, an Obama-appointed federal judge recently stayed important aspects of this rule.

On August 29, Spanberger expressed on X that if individuals are serving abroad, they should indeed have the right to vote in elections, claiming the Trump Administration was attempting to strip them of this ability.

The final rule indicates that ballots from the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) are not subject to the new federal requirements, reflecting the unique circumstances faced by military personnel and overseas voters.

During a CNN interview with anchor Wolf Blitzer, Spanberger reiterated this point when concerns were raised about Virginia’s military personnel. CNN later clarified on air that UOCAVA ballots are exempt from the new rules set by USPS.

She remarked that the ongoing actions from the Trump administration appear aimed at creating fear and discouraging voters from participating in the electoral process. Furthermore, she emphasized that many military personnel rely on mail-in ballots to voice their opinions.

Spanberger also highlighted the significance of vote-by-mail for both military members and Virginians who prefer this method.

While Spanberger did not provide a comment upon request, a CNN representative confirmed that an on-air correction was made by Blitzer. He clarified that his prior comments might have suggested negative implications for military and overseas voters, confirming that these ballots remain exempt under UOCAVA.

An accompanying note on X added clarity to Spanberger’s exchange with Blitzer, stressing that UOCAVA ballots are explicitly exempt from the USPS rules born from the March executive order. It also mentioned that service members can still register for absentee ballots via the Federal Post Card Application.

In response to Spanberger’s statements, various social media users referenced federal statutes and the USPS rule, disputing her claims. Some accused her of dishonesty, especially given her background as a former CIA officer. Senator Mike Lee from Utah even remarked that he had discussed overseas military voting with Trump multiple times, asserting that Trump had no intention to interfere with mail voting for Americans abroad.

The Supreme Court, in a ruling last August, granted a procedural victory to Trump, halting a previous injunction on grounds that the lawsuit from states was premature. However, this ruling did not specifically address the legality of the administration’s mail voting policies. America First Legal’s Gene Hamilton indicated that the court’s decision prevented the administration from being effectively restrained from decision-making while they worked out their policies.

The larger confrontation over Trump’s mail voting initiative remains unresolved, with the Supreme Court’s recent actions creating further complications in the legal proceedings.