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AG Nessel Issues Statement on First Circuit Keeping USPS Mail Ballot Rule Injunction in Place

LANSING – Today, the U.S. First Circuit Court of Appeals rejected the Trump administration’s request to stay (PDF) a preliminary injunction that halts the mandatory implementation of a United States Postal Service mail-ballot rule for the November 2026 election. Michigan Attorney General Dana Nessel, who secured the preliminary injunction alongside a multistate coalition, issued the following statement in response:

“We have been incredibly successful in fighting back against the Trump administration’s attempts to usurp states’ authority over elections, and I am relieved that the Court handed the federal government another loss, seeing through its plan to disenfranchise voters days before Michigan ballots are mailed out. Every eligible Michigander has the constitutional right to vote, and I remain committed to protecting that right from those who would undermine our democratic process.”

In its decision, the Court wrote in part, “In this regard, the district court made detailed findings about the chaos and widespread disenfranchisement that would occur between now and November 3 should the Final Rule take immediate effect, including the fact that it would be impossible for some States to reprint compliant envelopes; the likely delays in the required USPS envelope review process; the lack of a presently operative portal; and the herculean task that would confront the USPS in scanning tens of millions of ballot envelopes and reviewing for a match with information in the presently non-operative portal. There is no countervailing record evidence disputing the district court's findings on these points. Indeed, appellants have not even seriously challenged this aspect of the district court's ruling, much less demonstrated why it is clearly erroneous. And moreover, there is no record evidence of past fraud or a likelihood of impending fraud related to the November 3 election.”

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