It looks like Trump’s victory would allow him to implement his executive order attacking mail-in voting, which could be very short-lived.
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23 state attorneys general are requesting a motion to block the implementation of Trump’s order.
Plaintiff States satisfy the requirements for temporary and preliminary injunctive relief and a stay under 5 U.S.C. § 705. First, Plaintiff States are likely to succeed on the merits of their claims because the Rule violates the horizontal and vertical separation of powers, commandeers Plaintiff States’ election officials to implement an unlawful federal program, exceeds Defendants’ statutory authority under Title 39 of the U.S. Code and transgresses specific prohibitions therein, is arbitrary and capricious and contrary to statute, and contravenes both the Voting Rights Act and the Privacy Act.
Second, Plaintiff States are suffering and will continue to suffer immediate and irreparable harm if Defendants are allowed to implement the Rule as to Plaintiff States’ federal elections. The Rule forces Plaintiff States to upend their core activities in preparation for the rapidly approaching midterm elections and to divert their limited resources to implementing the Rule.
Mail-in ballots will begin to be sent to voters by the end of next week in some states. If the USPS rule is left in place, states will need to scramble to comply with it, but this may not be an issue for very long.
