Attorney General Bonta Files Lawsuit Challenging USPS Rule Restricting Mail-In Voting, Interfering with Elections

OAKLAND — Co-leading a coalition of 24 attorneys general and the Governor of Pennsylvania, California Attorney General Rob Bonta today filed a lawsuit against the U.S. Postal Service (USPS) challenging its final rule which unlawfully attempts to interfere with states’ constitutional authority to administer elections by allowing USPS to reject mail, offer non-postal services, and discriminate among users of the mail. The final rule follows President Trump’s second elections-related Executive Order (EO) — No. 14399 — which required USPS to issue regulations prohibiting the mailing of ballots for voters who are not included on new USPS lists of “enrolled” mail voters. On Monday, the U.S. Supreme Court granted the Trump Administration’s emergency request to stay an injunction that had previously blocked key provisions of the order from being implemented for the November elections in the coalition states. The Supreme Court ruled that the coalition’s challenge to the EO was filed too early, but that the coalition could still challenge the USPS rule implementing that EO. In today’s lawsuit, Attorney General Bonta and the coalition argue that the USPS final rule is a catastrophe for voting rights that is unconstitutional, contrary to statute, and ultra vires, because it interferes with states' authority to administer elections, imposes immediate burdens on elections officials, harms their preparations for upcoming elections, and jeopardizes mail-in voting. The coalition is also filing a motion for a temporary restraining order and preliminary injunction to block the rule's implementation while litigation continues.

“This mail-in voting rule is an unlawful overreach that shows just how far President Trump will go to control elections, but as I’ve said before, this fight is far from over and we are confident that the facts and the law are on our side,” said Attorney General Bonta. “On Monday, the U.S. Supreme Court declined to fully close the door on the President’s attempt to interfere in our election administration. Today, we’re taking legal action to stop this unlawful rule in its tracks and ensure that voters can exercise their constitutional right to vote. Let’s be clear: the U.S. Constitution gives states the power to regulate elections — not the President and not USPS. Ballots are an extension of our voices and we’re asking the court to ensure that every person has the right to make theirs heard.”

"Donald Trump does not run elections. States do. And his latest attack on democracy is proof of how weak he has become,” said Governor Gavin Newsom. “California will continue to lead the way in defending democracy — using every tool at our disposal and every minute in our day. This perilous moment in history demands no less from us.” 

BACKGROUND

On March 31, President Trump issued an EO attempting to establish a national list of eligible voters and directing the U.S. Postal Service to transmit mail ballots only to voters on the list. On August 21, USPS announced a new rule implementing the President’s demands that require states to enroll every voter who is eligible to vote by mail with USPS and tasking USPS with compiling the enrolled voters into state-specific lists. The rule also establishes new design requirements for mail-in ballot envelopes, which states are required to meet and get approved by USPS. USPS also stated it will not deliver ballots to voters who do not appear on the USPS-generated lists and will not deliver ballots in envelopes that fail to comply with the rule’s new standards.

However, it is states — not USPS or the President — that have authority to regulate federal elections, subject to preemption only by Congress. This USPS rule violates the Constitution, and upends successful, longstanding vote-by-mail procedures that communities are entitled to under state law. Over the past several decades, voting by mail has become increasingly utilized by voters across the country — including President Trump. During the 2024 general election, nearly 1 in 3 Americans voted by mail. Since the inception of vote-by-mail, Congress has never exercised its authority to limit it, and in fact, has only taken action to expand and protect mail voting for military and overseas voters. Congress has also never authorized USPS to monitor or control the transmission of mail ballots. 

This rule brazenly seizes power over mail-in voting and contravenes restrictions on USPS’s ability to reject mail, to offer-non postal services, and to discriminate among users of the mail. Attorney General Bonta and the coalition argue that the rule is inconsistent with USPS’s governing statutes, ignores USPS’s procedural requirements, violates the Privacy Act, and is inconsistent with federal voting rights law. The coalition asks the court to strike down the unlawful rule and issue a temporary restraining order preventing the rule from taking effect while the litigation proceeds.

In filing this lawsuit, Attorney General Bonta, Massachusetts Attorney General Andrea Joy Campbell, Nevada Attorney General Aaron Ford, and Washington Attorney General Nick Brown co-lead the attorneys general of Arizona, Colorado, Connecticut, Delaware, District of Columbia, Hawaiʻi, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Wisconsin, and the Governor of the Commonwealth of Pennsylvania.