WASHINGTON (AP) — An appeals court on Thursday upheld a block on President Donald Trump’s executive order limiting mail voting, a decision that comes as the Supreme Court considers the same case and states have already started sending out ballots for the high-stakes midterm elections.
The three-judge panel refused to lift a preliminary injunction against the order issued last week by U.S. District Court Judge Indira Talwani. It prohibits the U.S. Postal Service from implementing Trump’s directive. The Postal Service has said it would not deliver ballots from states that did not pre-clear their envelope design with the federal government and submit a list of voters to an online portal, which has yet to be activated.
Election officials warn that it’s impossible to comply with those terms, especially with the first mail ballots arleady being sent out in Alabama, North Carolina and Wisconsin.
The panel of three judges nominated by former President Joe Biden agreed with the plaintiffs that the president does not have the power to regulate states’ election policy.
“Appellants have not made a strong showing that the district court erred in determining that the Final Rule is likely unlawful,” they wrote, a reference to rule published by the Postal Service to implement Trump’s order.
