Updated 7:03 p.m.
Maryland and Virginia announced Tuesday that they are joining a coalition of states filing a lawsuit against the U.S. Postal Service over recent operational changes that have resulted in reported widespread mail delays and concerns that the November election will be disrupted.
Later on Tuesday, Postmaster General Louis DeJoy issued a statement asserting that USPS is “ready today to handle whatever volume of election mail it receives this fall,” but would suspend all its recent changes until after the election to avoid “even the appearance” of any impact on mail-in ballots, which are expected to surge this year because of the coronavirus pandemic.
A spokesperson for Maryland Attorney General Brian Frosh tells DCist that the lawsuit will still go forward despite DeJoy’s assurances. And in a tweet reacting to DeJoy’s comments, Josh Stein, the attorney general for North Carolina, which is part of a separate multi-state coalition filing a similar lawsuit, indicated the same.
“Looks like we are winning our lawsuit against USPS before it even gets filed,” Stein said. “But we will still go to court to make this promise binding!”
Looks like we are winning our lawsuit against USPS before it even gets filed. But we will still go to court to make this promise binding! https://t.co/UgAt4wRumL
— Josh Stein (@JoshStein_) August 18, 2020
As proposed by DeJoy, cuts to USPS service include eliminating staff overtime and decommissioning high-speed mail sorting machines, among other changes. Even with his statement Tuesday, the states’ lawsuit aims to “reverse the damage already done,” said Stein.
“Trump attacks on the postal service are designed to disrupt the election. They strike at the core of our democracy,” Maryland Attorney General Brian Frosh said in a press release. “That is bad enough, but Trump and DeJoy are also hurting innocent bystanders: Americans who are waiting for their medicine or their social security checks. This conduct is harmful, illegal and unconstitutional. We are filing suit to stop it.”
The lawsuit will argue the Postal Service broke the law by making changes without first submitting them to the Postal Regulatory Commission, and it will seek to block the change. Other states joining the suit include Colorado, Connecticut, Illinois, Michigan, Minnesota, Nevada, New Mexico, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
Congressman Gerry Connolly, a Democrat from Virginia, also tweeted in support for continued action, writing, “The very fact that the Postmaster General felt he had to issue his statement is a testament to the enormous blowback he’s getting. But there are far too many unanswered questions for us to take our foot of the gas now.”
D.C. Attorney General Karl Racine tweeted that DeJoy’s decision to delay the policy changes “marks a victory for democracy and the American people.” He added that his office will investigate whether these actions impact the election and will sue to prevent efforts that jeopardize the integrity of votes cast.
If Postmaster General DeJoy is, in fact, delaying his policy changes to the Postal Service until after November’s election, today marks a victory for democracy and the American people.
But we have no intention of dropping the troubling questions his proposed reforms have raised.
— AG Karl A. Racine (@AGKarlRacine) August 18, 2020
The news comes after voters from four states, including Pennsylvania, filed a similar lawsuit on Monday, alleging that DeJoy and President Donald Trump are conspiring to undermine the election by slowing USPS and diminishing its capacity.
As many people across the country prepare to vote by mail in what could be record numbers due to safety concerns around the COVID-19 crisis, cuts to the postal service have led to concerns that mail-in ballots may not arrive on time. Tens of thousands of ballots were already rejected this year because they arrived late, though many states have extended their deadlines.
DeJoy, who became Postmaster General in June and is a major Republican donor and Trump supporter, had conceded this week that the recent changes had led to “unintended consequences,” but said they were necessary, and part of a “strategic plan to achieve operation excellence and financial stability,” CNN reported.
Trump has said he opposes funding for the Postal Service because he doesn’t want to see it used for mail-in voting, which he has alleged is fraudulent, but election experts say it can be done safely and securely, and that election fraud is extremely rare in all circumstances.
This story has been updated to include tweets from Congressman Gerry Connolly and Attorney General Karl Racine.