Delivery delays during an election can’t be unlawful, because the Constitution doesn’t guarantee states any particular level of service when it comes to mail-in ballots, the U.S. Postal Service told a federal judge.
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 Justice Department argued in a court filing Tuesday in Washington that the clause can’t restrict government agencies from carrying out operational changes or other activity that “may have an incidental impact” on voting.
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.”