Attorney General Ford Sues Postal Service Over Unlawful Attempt to Interfere with States' Vote-by-Mail Procedures

Carson City, NV- Today, Attorney General Aaron D. Ford announced he is co-leading a coalition of 25 states in filing a lawsuit against the United States Postal Service (USPS) challenging its new rule that purports to grant USPS the authority to regulate mail voting in elections. Tens of millions of voters across the country rely on mail-in ballots, and the coalition argues USPS's rule will prevent states from effectively administering their mail voting programs, putting voters at risk of being disenfranchised.

"President Trump has made it clear that he will never stop attempting to interfere with the rights of the states to conduct their elections, and I want to make it clear that every time he tries, we will drag him to court and we will beat him," said Attorney General Ford. "While the president spreads lies about our democracy and our elections, Nevadans know that the Silver State's elections are free, fair and safe. Our citizens are allowed to vote - securely and safely - in the manner that works best for them, and my office will stand against any efforts to deprive our voters of those choices."

On March 31, President Trump issued an executive order attempting to establish a national list of eligible voters and directing USPS 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 register every voter who is eligible to vote by mail with USPS and tasking USPS with compiling the registered voters into state-specific lists. The rule also establishes new design requirements for the mail-in ballot envelopes created by states, which states are required to meet and get approved by USPS. Under the rule, USPS 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.

Attorney General Ford and the coalition argue the rule inflicts significant, irreparable harm on states by imposing burdensome mail voting requirements that risk disenfranchising eligible voters. With the start of the general election season mere weeks away, states must bear the cost of redesigning their mail ballot envelopes and securing USPS review and approval before they can even register mail voters with USPS. Within a matter of weeks and without any additional resources, state election officials must also develop new systems to communicate mail voter lists to USPS to ensure that every eligible voter who is entitled to a mail ballot receives one. States must also create new guidance for election officials, train them on the new procedures, and educate the public about the changes prior to the upcoming election.

Even if states were to meet these enormous administrative and financial burdens, the rule could still result in eligible voters not receiving their ballots due to, for instance, administrative errors or flaws in the rushed and untested new procedures.

Over the past several decades, voting by mail has become more popular across the country. In the 2024 general election, 700,222 voters in Nevada, which accounts for 34.3% of active registered voters, cast their ballot either through Nevada's Effective Absentee System for Elections (EASE) system - which is available to select voters such as servicemembers stationed outside of Nevada - or 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.

The coalition argues that USPS's rule violates the Constitution, which makes clear that states have the primary authority to administer elections, and upends successful, longstanding vote-by-mail procedures. The lawsuit argues 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.

This USPS rule is the latest attempt by President Trump to exert federal control over elections and seize states' constitutional authority to administer elections. In April, Attorney General Ford co-led a coalition of 24 states in suing the Trump Administration to block its unlawful Executive Order that prompted the creation of USPS's rule.

The proposed rule is the latest attempt by the Trump administration to sow doubt and discord in the American electoral process. In July, President Trump spread several falsehoods in a nationally televised broadcast, claiming, among other things, that Nevada's voter rolls contained 16,000 noncitizen voters. The Department of Homeland Security has admitted that this number was unfounded.

Attorney General Ford was the co-lead on this lawsuit alongside the attorneys general of California, Massachusetts and Washington. They were joined by the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Wisconsin and the Governor of Pennsylvania.

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