USPS Says Americans Have No Right To Timely Ballot Delivery
The U.S. Postal Service argued in federal court this week that delivery delays during an election are not unlawful because the Constitution does not guarantee any level of service regarding mail-in ballots, Bloomberg News reported.
Postmaster General Louis DeJoy and President Donald Trump are seeking dismissal of a lawsuit brought by New York and other states that claim disruptive changes at the USPS over the summer are violating the Elections Clause of the Constitution by putting election mail at risk.
The states’ theory “assumes that because the plaintiff states crafted their election laws with the expectation that USPS will provide a certain level of service, they now have a constitutional right to expect that level of service,” the U.S. said. The clause “does not shield states from any and all external circumstances that may impact state elections.”
- The USPS position came in response to a letter from New York Attorney General Letitia James, who argued in an Oct. 19 letter to the court that USPS delays “threaten the timely delivery of about 7 million ballots out of an estimated 80 million,” Bloomberg wrote.
- James also wrote that it is a violation of the Election Clause “for the Postal Service to take actions that are intended to, and do, have the effect of hampering state election administration.”
- In its response, the USPS said, “The states remain free to alter their policies to account for any fears over the performance of USPS.”