Wisconsin Joins Multi-State Lawsuit Against U.S. Postal Service

MILWAUKEE, WI — Wisconsin has joined a federal lawsuit challenging federal changes to the U.S. Postal Service that lawmakers say will threaten critical mail delivery and could "undermine the national election in November."

In a statement Tuesday, Wisconsin Attorney General Josh Kaul said President Donald Trump is to blame for the Postal Service changes, calling them a ploy to "sabotage fair elections." Lawmakers say the Postal Service cuts, include reducing or eliminating staff overtime, altering operations at state distribution centers and removing critical mail sorting equipment.

The Postal Service also recently notified states that it will end its longstanding practice of processing ballots as first-class mail — regardless of what type of postage is used. States and counties that use marketing or bulk-rate postage for their ballots could experience delays that may prevent some ballots from being counted, officials warned Tuesday.

First-class mail normally has a delivery standard of 2-5 days, and nonprofit marketing mail has a delivery standard of 3-10 days.

Unclear is whether a statement issued Tuesday by the post the postmaster general will make the lawsuit moot.

After a night of withering criticism by speakers at the Democratic National Convention, U.S. Postmaster General Louis DeJoy said he will suspend recent policies implemented that would slow the delivery of mail, which had raised the prospect that millions of ballots in the November election would never be counted.

According to a statement released Tuesday by DeJoy, he plans to expand a task force on election mail and expects the Postal Service to deliver "election mail on time and within our well-established service standards."

In suspending the policies, DeJoy said retail hours would not be changed, neither mail-sorting machines nor blue mailboxes would be removed, no mail-processing facilities would be closed, and overtime would be available as needed so that he could avoid "even the appearance of any impact on election mail."

The states' lawsuit will assert that the Postal Service implemented these cuts to mail service nationwide unlawfully and seeks to stop the agency’s service reductions.

“Americans rely on the U.S. Postal Service for the delivery of everything from prescriptions, to birthday cards, to ballots. The Trump administration’s attack on the USPS shortly before an election in which record-breaking use of mail-in voting will take place must be stopped," Kaul said in a statement Tuesday.

“While we’re seeking to protect the postal service through the court system, Congress must also act," he continued. Our system of checks and balances is a defense against this kind of abuse of power, and it’s vital for Congress to serve as a check, rather than shrink from responsibility.”

Many states, including Wisconsin, require that ballots be received on or before election day to be counted. Kaul said slow mail service threatens the ability of Wisconsinites to receive and return their absentee ballots by mail in time for them to be counted.

For example, he said, state law allows Wisconsin voters to request absentee ballots by mail up to five days before an election. Delays caused by the Postal Service’s recent operational changes will likely mean that some voters who exercise that right to request an absentee ballot by mail may not even receive it before election day, thereby disenfranchising those voters through no fault of their own.

The lawsuit was to be filed Tuesday in U.S. District Court Eastern District of Washington.

Wisconsin is joined in the suit by Washington, Colorado, Connecticut, Illinois, Maryland, Minnesota, Nevada, New Mexico, Oregon, Rhode Island, Vermont, Virginia and Michigan.