Albany Times Union

Ruling in postal suit

States sought to have election mail treated as First Class mail

- By Gene Johnson

Federal judge blocks changes, says they were politicall­y motivated.

A U.S. judge Thursday blocked controvers­ial Postal Service changes that have slowed mail nationwide, calling them “a politicall­y motivated attack on the efficiency of the Postal Service” before the November election.

Judge Stanley Bastian in Yakima,

Wash., said he was issuing a nationwide preliminar­y injunction sought by 14 states that sued the Trump administra­tion and the U.S. Postal Service.

The states challenged the Postal Service’s so-called “leave behind” policy, where trucks have been leaving postal facilities on time regardless of whether there is more mail to load. They also sought to force the Postal Service to treat election mail as First Class mail.

The judge noted after a hearing that Trump had repeatedly attacked voting by mail by making unfounded claims that it is rife with fraud. Many more voters are expected to vote by mail this November because of the COVID-19 pandemic, and the states have expressed concern that delays might result in voters not receiving ballots or registrati­on forms in time.

“The states have demonstrat­ed the defendants are involved in a politicall­y motivated attack on the efficiency of the Postal Service,” Bastian said.

Postal Service spokesman Dave Partenheim­er said the organizati­on is reviewing its legal options, but that “there should be no doubt that the Postal Service is ready and committed to handle whatever volume of election mail it receives.”

Lee Moak, a member of the USPS Board of Governors, called the notion any changes were politicall­y motivated “completely and utterly without merit.”

Following a national uproar, Postmaster General Louis Dejoy announced he was suspending some changes — including the removal of blue mailboxes in many cities and the decommissi­oning of mail processing machines.

But other changes remained in place, and the states asked the court to block them. The states sought to have the “leave behind” policy revoked; election mail treated as First Class mail; reinstalla­tion of any mail processing machines needed to ensure the prompt handling of election mail; and that the court hold Dejoy to his promise to suspend other changes.

At the hearing, Justice Department attorney Joseph Borson sought to assure the judge that the Postal Service would handle election mail promptly.

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