[LWVNM Action] Order on LWV and LWVMA v Trump Voting Rights Organizations Seek to Enforce Injunction Against Mail Voting Executive Order | League of Women Voters

[Meredith Machen]

LWV and LWVMA (plaintiffs) argue USPS is authorized to deliver mail, not
regulate who receives mail ballots, maintain lists of mail voters or reject
otherwise valid ballot mail. They also contend the rule violates the
Constitution’s separation of powers because election administration belongs
to the states not the president or USPS.

A separate nationwide injunction against USPS’ mail ballot rule remains in
place
<https://www.democracydocket.com/cases/trump-mail-in-voting-executive-order-challenge-lwvma/>
in Massachusetts.

*August 24, 2026*
https://www.lwv.org/newsroom/press-releases/voting-rights-organizations-seek-enforce-injunction-against-mail-voting

*August 25, 2026* ” Proposed Order [Doc. No.

189-1]. 4 excerpt

Defendants argue that these requests “would essentially confirm the current
status quo—which all parties already agree upon, and which the Final Rule
already provides.” Defs.’ Opp’n.

10 [Doc. No. 197]. Defendants continue that “[b]ecause the Court’s order in
this case formally remains in effect (at least, as of this filing), it is
already the case that ‘the Final Rule issued by the United States Postal
Service (USPS), titled “Ballot Mail For Federal Elections,” has no force or
effect with respect to any federal election on or before November 3,
2026.’” Id. *The court **finds that the relief requested by the Plaintiffs
will not remedy the past violation and agrees with **Defendants that
Plaintiffs’ proposed further order does not change the current
landscape. *Defendants
also assert that Plaintiffs are not without remedy because “they can
simply amend
their complaint,” and that Defendants “would consent to the filing of an
amended complaint, to allow Plaintiffs to challenge the Final Rule
directly.” Id. at 15–16.

*The court **understands from prior filings that Plaintiffs are not
challenging the Final Rule, but the EO itself.*

*Specifically, Plaintiffs claim the executive branch lacks authority to
regulate elections, and thus **may not direct USPS to promulgate a rule
concerning mail-in ballots, where authority over **elections rests with
Congress and the States, and not the President. Pls.’ Mem. ISO Prelim.
Inj.**9–13
[Doc. No. 171]. But Defendants’ violation of the court’s order may
ultimately inure to **Plaintiffs’ benefit, where, now that a Final Rule has
issued despite the pendency of the **injunction, Plaintiffs could choose to
file an amended complaint reasserting their current, non-**APA claims, but
noting that the issuance of a Final Rule is no longer hypothetical.*

*RETRIEVED FROM DEMOCRACYDOCKET.COM <http://DEMOCRACYDOCKET.COM>*


Meredith Ross Machen
505-577-6337
Meredith.machen at gmail.com
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