BOSTON (AP) — A federal judge in Boston said Thursday the U.S. Postal Service has told her nothing about how it would implement a plan to regulate mail ballots for the midterms as she considers whether to let the plan proceed in the weeks before Election Day.
U.S. District Court Judge Indira Talwani is deciding whether to extend her prohibition on the proposed regulation of mail ballots, an effort undertaken as part of an executive order by President Donald Trump. The hearing in the closely watched case came a day before the first state begins sending mail ballots to voters.
“We are 70 days from the election and I have nothing from the USPS about how this will happen,” Talwani told Michael Velchik, the Justice Department lawyer representing the Postal Service.
Last week, Talwani imposed a 14-day temporary restraining order to keep it from being used. That order expires next week as more states begin sending out mail ballots. Velchik said the administration will most likely go to the Supreme Court by the end of the week to seek permission to resume implementing the plan.
Talwani has been here before. In June, she prohibited the administration from implementing Trump's order for the November election, ruling the changes came too close to voting for the federal government to embark on such a project.
But the Supreme Court late last month ruled that Talwani's order was premature because the Postal Service had not yet published regulations governing how it would apply Trump's order. The agency did so just before the high court ruling came down, prompting Democrats and voting rights groups to swiftly re-file their lawsuits.
They counter that the president has no authority to set election rules, which is a power designated in the Constitution to the states and in some cases Congress.
They won an initial victory with Talwani's restraining order, which has already been appealed by the administration.
Trump has long opposed mail voting and falsely blamed it for his 2020 election loss to Democrat Joe Biden, even though he often uses that method to cast his own ballot.
Election officials say there's simply no way they can comply with the Postal Service directives, which could require a complete overhaul of their operations. Before it delivers mail ballots for any state, the Postal Service would have to approve the design of the envelopes that contain them and have the state upload a list of voters receiving them to an online portal.
Some ballots have already gone out. A few municipalities in Wisconsin opted to send mail ballots to voters earlier this week, but Friday marks the full kickoff of voting as North Carolina starts shipping its mail ballots to all voters who requested them.
The administration has contended the changes are relatively minor and legal. But the portal was still not active this week, and most election offices have already printed their envelopes and ballots.
Velchik told Talwani that the federal government is offering states the choice to opt into the system. But the Postal Service has yet to identify a single state that has done so.
A whistleblower report made public this week warns that the postal system's requirements could lead to millions of mail ballots never being sent. The new rule requires all ballots to be physically brought to post offices before being mailed to voters, but if a single one's bar code registers an error, the whole batch gets thrown out, even if it contains tens of thousands of legitimate ballots.
Riccardi reported from Denver.
FILE - Delivery vans are parked during a protest staged as part of a countrywide National Day of Action Tuesday, July 28, 2026, outside the main United States Postal Service headquarters in northeast Denver. (AP Photo/David Zalubowski, File)
