Office of the
Illinois Attorney General
Kwame Raoul

Lawsuit Seeks to Block Unconstitutional Postal Service Rule that Directs States to Overhaul Vote-by-Mail Procedures

Chicago – Attorney General Kwame Raoul, as part of a coalition of 25 states, today filed a lawsuit against the U.S. Postal Service challenging its new rule that purports to authorize the USPS to regulate mail voting in elections. 

Raoul and the coalition argue the Postal Service’s rule risks disenfranchising voters and will prevent states from effectively administering their mail voting programs, putting voters at risk of being disenfranchised. 

“The right to vote is our most fundamental right, and it should not matter whether ballots are submitted early, sent by mail or cast on Election Day. Throughout my career, I have been committed to protecting voting rights, and I will continue to defend these rights from any and all attacks,” Raoul said. “The rule I am challenging today is yet another unlawful attempt by the Trump administration to control state voting systems. We are asking the court for emergency relief because the administration is trying to undermine our citizens’ access to voting within weeks of the midterm elections. The U.S. Constitution plainly gives states – not the executive branch – the power to administer elections, and I am committed to swiftly fighting against this blatantly unconstitutional rule. I will not let the president sow chaos into the upcoming general election.”

On March 31, President Trump issued an executive order directing the Postal Service to control which Americans can receive mail ballots. On Aug. 21, the Postal Service announced a new rule implementing the president’s demands that require states to register every voter who is eligible to vote by mail with the Postal Service and tasking the Postal Service 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 the Postal Service. Under the rule, the Postal Service will not deliver ballots to voters who do not appear on the Postal Service-generated lists and will not deliver ballots in envelopes that fail to comply with the rule’s new standards. 

Raoul 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 the Postal Service’s review and approval before they can even register mail voters with the Postal Service. Within a matter of weeks and without any additional resources, state election officials must also develop new systems to communicate mail voter lists to the Postal Service 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, nearly 1 million Illinois voters cast their ballots by mail. Since the inception of voting 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 the Postal Service to monitor or control the transmission of mail ballots.

Raoul and the coalition argue that the Postal Service’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 the Postal Service’s governing statutes, ignores the Postal Service’s procedural requirements, violates the Privacy Act and is inconsistent with federal voting rights law. Raoul and the coalition ask the court to strike down the unlawful rule and issue a temporary restraining order preventing the rule from taking effect while the litigation proceeds. 

The Postal Service’s rule is President Trump’s latest attempt to exert federal control over elections and seize states’ constitutional authority to administer elections. In April, Raoul joined a coalition of 24 states in suing the Trump administration to block its unlawful executive order that prompted the creation of the Postal Service’s rule. 

Throughout his career, Raoul has successfully fought to protect voting rights in Illinois. While serving in the state senate, he sponsored the Illinois Voting Rights Act, which builds on the federal Voting Rights Act of 1965 by codifying antidiscrimination protections into state law. Raoul was also integral in passing a constitutional amendment approved by Illinois voters that added protections into the Illinois Constitution. 

Attorney General Raoul launched an election resource hub on his office’s website to help educate voters on their rights. That information will be updated as needed.

Joining Raoul in filing this lawsuit, which was co-led by the attorneys general of California, Massachusetts, Nevada and Washington, are the attorneys general of Arizona, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia and Wisconsin, as well as the governor of the Commonwealth of Pennsylvania.