HARRISBURG – Two separate multi-state coalitions of Democratic attorneys general are suing the United States Postal Service, in order to challenge nationwide operational changes that they allege may harm the process of voting by mail prior to the Presidential election in November.
The Washington Post reported Tuesday that at least 20 states were planning to initiate litigation with the USPS over the implementation of recent operational changes leading to mail delays and concerns about the agency’s reliability to handle the reception and counting of mail-in ballots for the November election.
The attorneys general say that these changes in both service and policy at the USPS were implemented by new Postmaster General Louis DeJoy, appointed by President Donald Trump, and include both the limitation of postal worker overtime and so-called “late or extra shifts.”
Trump's campaign is suing Pennsylvania over its expanded mail-in ballot process.
Attorney General Josh Shapiro announced Pennsylvania’s involvement in the litigation in a statement issued Tuesday afternoon.
“We will be taking action to reinstate Postal Service standards that all Americans depend on, whether it’s for delivering their prescription drugs or for carrying their very right to vote. Recent post office changes have been implemented recklessly, before checking the law, and we will use our authority to stop them and help ensure that every eligible ballot is counted,” Shapiro said.
Pennsylvania will be joined by California, Delaware, Maine, Massachusetts and North Carolina in the lawsuit, among other states.
The attorneys general of those states allege the USPS changes occurred as President Donald Trump continued to “baselessly” claim that widespread vote-by-mail will lead to a “fraudulent election.”
The Trump campaign has also sued the Commonwealth of Pennsylvania, seeking to prevent voters from returning their ballots at secure drop boxes.
But the instant lawsuits, one led by Pennsylvania and the other led by Washington, will state that the Postal Service acted outside its authority to institute changes to the postal system, did not follow the proper procedures to do so as required by federal law and the litigation will seek to block the unlawful cuts and operational changes.
Due to the aforementioned changes, the Attorney General’s office says Pennsylvanians have been experiencing delays in receiving their mail, in some cases going days without the delivery of important letters, paychecks or bills.
For example, the office states the Commonwealth’s Veterans Administration department fills about 80 percent of veterans’ prescriptions directly through the mail and the recent changes will put the state’s 800,000 veterans, many of them senior citizens, at potential risk of going without vital medication.
Almost 1.5 million Pennsylvanians voted by mail in Pennsylvania’s 2020 primary election, the first election to occur since the passage of Act 77 in 2019. That law put no-excuse, mail-in voting in place across the state.
The USPS notified many states, including Pennsylvania, that it could not guarantee delivery of ballots in accordance with state laws and deadlines. In response, Governor Tom Wolf filed a motion in front of the Supreme Court of Pennsylvania, asking the court to extend the deadline to receive eligible ballots to Friday, Nov. 6.
“Pennsylvania officials are taking all the steps necessary to ensure voting is convenient and secure this November. Thanks to modernized election laws, Pennsylvanians can now easily vote early or by mail. However you choose to vote, we’re preparing so your vote is counted and secure,” Wolf said.
The Attorney General’s office adds that for senior citizens and individuals with disabilities or pre-existing conditions, access to mail-in ballots is critical for the upcoming Presidential Election as the states continue to fight the ongoing coronavirus pandemic.
“For the public, know that postal workers have long provided secure and reliable delivery of ballots. The important thing for you to do is vote. Vote early in person. Vote by mail. However you choose to vote, we’re here to make sure it counts,” Shapiro stated.
“With this imminent filing, we are putting the Administration on notice: Immediately roll back these operational changes at the Postal Service and allow postal workers carry out their vital mission without interference – or lose to us in court.”
DeJoy issued a statement on Tuesday, explaining that operational changes will be suspended until after the Presidential election.
“I came to the Postal Service to make changes to secure the success of this organization and its long-term sustainability. I believe significant reforms are essential to that objective, and work toward those reforms will commence after the election,” DeJoy said.
“In the meantime, there are some longstanding operational initiatives – efforts that predate my arrival at the Postal Service – that have been raised as areas of concern as the nation prepares to hold an election in the midst of a devastating pandemic. To avoid even the appearance of any impact on election mail, I am suspending these initiatives until after the election is concluded.”
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com