LULAC APPLAUDS FEDERAL COURT RULING BLOCKING POSTAL SERVICE RULE THAT THREATENED MAIL VOTING IN THE NOVEMBER MIDTERMS
Nation's oldest and largest Latino civil rights organization, a plaintiff in the case, says the decision keeps the ballot in the hands of voters, where it belongs.
WASHINGTON, DC — The League of United Latin American Citizens (LULAC) today welcomed a ruling by the U.S. District Court for the District of Columbia that blocks the U.S. Postal Service from enforcing a new rule that would have allowed the agency to refuse delivery of mail ballots for the November 3 midterm elections. LULAC is a plaintiff in the case.
"For nearly a century, LULAC has stood on a single principle: the right to vote belongs to the voter, not to the government. The court has now affirmed what the Constitution already makes plain. No executive order can hand a federal agency a veto over the ballots of the American people. Mail voting is how our seniors, our veterans, our rural families and our working parents take part in this democracy. This ruling keeps that door open for the November election, and LULAC will keep it open," said Roman Palomares, LULAC National President and Chairman of the board.
In a 24-page decision issued Saturday, September 13, U.S. District Judge Carl J. Nichols found that key portions of the rule likely exceed the authority Congress granted the Postal Service and that the government offered no evidence that blocking the rule would lead to significant fraud. The judge wrote that, without an injunction, a significant number of otherwise valid mail ballots would face an increased risk of not being counted, and that the public has a strong interest in preventing that outcome.
"This rule would have made a voter's ballot hostage to envelope designs, bar codes and a federal portal that is not yet operational. Election officials told the court plainly that they could not comply in time, and the government offered no evidence of the fraud it claimed to be preventing. The court saw through it. Latino voters, who rely on the mail in growing numbers, can now request and return their ballots knowing the Postal Service is required to deliver them," said Juan Proaño, LULAC Chief Executive Officer.
The rule, issued by the Postal Service to carry out a March 31 executive order, would have required every state and local election office that mails ballots to redesign ballot envelopes, assign unique barcodes to each ballot, and upload advance lists of mail voters to a new federal portal that is not yet operational. Election officials who could not meet the requirements in time risked the Postal Service refusing to send ballots to voters.
LULAC joined the lawsuit alongside Secure Families Initiative, the Arizona Students' Association, the city of Madison, Wisconsin, and Travis County, Texas. Campaign Legal Center and Democracy Defenders Fund represent the plaintiffs.
"LULAC has spent nearly a century defending the right of every eligible American to cast a ballot free of interference," said Gloria Leal, LULAC General Counsel. "LULAC will continue to monitor the litigation and to stand with its coalition partners to protect access to the ballot through Election Day and beyond. Now, it is up to every person who is lawfully entitled to vote to do so. This is the most important action each of us can take," she added.
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About LULAC
The League of United Latin American Citizens (LULAC) is the nation's oldest and largest Latino civil rights organization. Founded in 1929, LULAC is committed to advancing the rights and opportunities of Latino Americans through advocacy, community building, and education. With a growing network of councils nationwide, LULAC remains steadfast in its mission to protect and empower millions of Latinos, contributing daily to America's prosperity. For more information about LULAC and its initiatives, please visit www.lulac.org/.