TRENTON, N.J. — New Jersey Attorney General Jennifer Davenport joined a coalition of 25 states Wednesday in filing a lawsuit challenging a new U.S. Postal Service rule that the coalition alleges unlawfully gives the agency authority to regulate vote-by-mail ballots.
The coalition argues the rule could disrupt states’ existing mail-in voting procedures and put eligible voters at risk of not receiving their ballots ahead of the 2026 midterm elections.
“Under our Constitution, states run elections—not the federal government, and definitely not the postal service,” said Attorney General Davenport. “The USPS’s new rule purports to restrict mail-in voting by implementing new and convoluted postal procedures with just weeks to go before election officials begin sending out mail-in ballots. We are confident the courts will block this latest unconstitutional attempt by the Trump Administration to interfere with the states’ administration of free and fair elections.”
According to the Attorney General’s Office, President Donald Trump issued an executive order in March that sought to establish a national list of eligible voters and directed USPS to implement rules under which it would refuse to deliver ballot mail to voters not included on a USPS-maintained list. The order also called for new ballot-mail design and tracking standards.
In June, following an earlier multistate lawsuit, a court ruled that major provisions of the executive order were unconstitutional and barred USPS from completing rulemaking to establish the mailing procedures directed by the order, according to the Attorney General’s Office. The U.S. Supreme Court stayed that order on Aug. 24.
USPS finalized a new rule Aug. 21 that, according to the lawsuit, requires states to register every voter eligible to vote by mail with USPS and coordinate with the agency to compile state-specific lists of registered voters.
The rule also establishes new design requirements for mail-in ballot envelopes that states would be required to meet and have approved by USPS. Under the rule, USPS would not deliver ballots to voters who do not appear on the agency-generated lists or ballots sent in envelopes that do not comply with the new standards, according to the Attorney General’s Office.
The coalition alleges the requirements would impose significant administrative and financial burdens on states shortly before general election voting begins. State election officials would have to develop systems to provide voter lists to USPS, create guidance, train election officials, educate voters and redesign ballot envelopes, according to the lawsuit.
The states also contend that eligible voters could fail to receive ballots because of administrative errors or problems arising from implementing the new procedures on a short timeline.
More than 840,000 New Jersey residents cast vote-by-mail ballots in the 2024 general election, representing 19.5% of voters in that election, according to information provided by the Attorney General’s Office.
The lawsuit alleges the USPS rule violates the Constitution by infringing on states’ authority to administer elections. The coalition also alleges the rule conflicts with statutes governing USPS, fails to comply with procedural requirements and violates the Privacy Act and federal voting rights law.
The coalition is asking the court to strike down the rule and issue a temporary restraining order preventing it from taking effect while the litigation proceeds.
The lawsuit was co-led by the attorneys general of California, Massachusetts, Nevada and Washington. The coalition also includes the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia and Wisconsin, along with the governor of Pennsylvania.
