By Lillian Poulsen, Digital Organizer
In a new effort to disenfranchise voters, Donald Trump has issued an order to limit access to voting by mail, implementing voter lists created by state governments and sent to the federal government.
On March 31, Trump issued “The Order,” Executive Order 14399 titled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The Order allows the U.S. Postal Service to refuse to deliver ballots to voters who don’t appear on government-created lists of pre-approved mail voters.
USPS published a Notice of Proposed Rulemaking that would amend Domestic Mail Manual section 705. The rule would create a Federal Ballot Mail Portal, a system where election officials submit voter information. USPS has started working on this portal, despite the rule not having passed yet. The records system won’t take effect unless USPS finalizes their rule.
Impact to voters
This order will impact all voters, but especially marginalized communities, including rural, Black and Brown people. It would devastate Indigenous voters who use Tribal IDs which often lack place of birth information and citizenship documentation required to vote, according to a release from the U.S. Senate Committee on Indian Affairs. The Order would go into effect before the midterm elections.
Trump’s attempt to limit mail-in and absentee voting prevents those who use this method for accessibility or safety, making it difficult to participate in elections. Notably, Trump sent a mail-in ballot in a Florida election earlier this year because he “couldn’t be there,” a reason that other Americans use.
Legal challenges
There are two cases in federal district courts, one in Boston and one in D.C., suing the Trump administration, calling this order unconstitutional. These cases argue that the president has no constitutional authority to rewrite election rules. In D.C. in May, U.S. District Judge Carl Nichols declined to block The Order.
On Monday, D.C. federal judge Sparkle L. Sooknanan blocked the Trump administration’s attempts to use its citizenship database, Systemic Alien Verification for Entitlements (SAVE), to remove voters from registration lists.
USPS argues they can make these changes under 39 U.S. Code sections 401 and 404. Section 401 authorizes USPS to adopt rules and regulations that allow them to execute their functions. Section 404 grants USPS specific powers, including the power to handle and transport mail.
Call to action
Groups against The Order are encouraging people and organizations to submit personalized comments to USPS. Email comments to PCFederalRegister@usps.gov with the subject line “Ballot Mail” by 5pm ET on Thursday, July 2.
Some suggested comments and talking points include this order violating the Constitution, forcing the USPS to not follow its duties of delivering mail to everyone in the U.S., making the USPS act as election administrators which it’s not equipped to do, placing burdens on overworked election administrators, and disenfranchising voters due to technical and administrative errors that aren’t their fault.
For more information:
- USPS Rulemaking Background and Talking Points
- Ballot Mail for Federal Elections
- Postal Service takes another step toward implementing Trump’s anti-mail voting order
- Trump’s ‘flagrantly unconstitutional’ order attacking mail voting is already being implemented and must be blocked now, new filing alleges