New court action and a USPS whistleblower complaint have emerged over mail-in voting rules
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COLORADO — Since the publication of The Mountain-Ear’s presentation of the situation surrounding the president’s attempts to limit mail-in voting, more court action and the story of one USPS whistleblower have shown up.
According to political historian Heather Cox Richardson, on Friday, September 4, “US District Judge Indira Talwani of the District of Massachusetts referred to the final rule the USPS is trying to put into place when she wrote: ‘Unauthorized by the Elections Clause, the Final Rule clashes with Congress’s statutory scheme, and is unconstitutional where it intrudes not only on Congress’s Elections Clause powers but also that power left to the States.’
“In other words, the plan is both illegal and unconstitutional.”
On Sunday, September 6, the Justice Department asked the Supreme Court to stay Judge Talwani’s order, which blocks it from implementing new Postal Service rules just in time to create total chaos for the midterm elections. The Solicitor General “respectfully requests an immediate administrative stay of the order to prevent ongoing irreparable injury while this application is pending.”
Judge Talwani had found that: “Now, 60 days before the November 3, 2026 midterms, the Final Rule would require 10,000 different election jurisdictions to conform to new ballot design requirements…print new designs from their vendors typically ranging from four to sixteen weeks in lead time…and then…collate and submit voter information to a portal that does not yet exist and has not been proven to work.”
On September 1, Sen. Richard Blumenthal (D-CT) released information from a whistleblower complaint regarding the actions of the USPS in this situation.
According to the complaint, USPS kept building the technical system underlying Trump’s mail-voting restrictions even after a federal judge ordered the work stopped.
On July 15, USPS officials wrote to Senate Democrats stating “The Postal Service is abiding by these injunctions, which are also currently under appeal.” However, work on the mail portal resumed two weeks later.
It gets worse. The system was designed to reject entire batches of mail ballots if it detected even one scanning error.
Work on the system continues, despite the order to discontinue. The excuse: USPS is appealing that ruling.