Former DOJ lawyer calls suit over mail-in ballots unnecessary

The lawsuit by Democratic attorneys general was filed Wednesday morning in the U.S. District Court for Massachusetts.

But the litigation wasn't needed, said Hans von Spakovsky of Advancing American Freedom, a Washington, D.C., conservative advocacy organization founded by former Vice President Mike Pence, a Republican.

The claims made in Wednesday's lawsuit area are as "defective" as those made in the states' previous lawsuit against the Trump administration over mail-in ballots, according to Spakovsky.

"All the state has to do is provide a list to the Postal Service of all of the registered voters that are qualified and approved by the state to receive a mail-in ballot," Spakovsky told The Center Square Wednesday.

"The procedure set up in the rule will in no way prevent any eligible, registered voter from being able to cast a ballot," said Spakovsky, senior legal fellow at Advancing American Freedom.

Spakovsky noted the U.S. Postal Service's tracking system will give states an ability they haven't had to track mail-in ballots to ensure they're not delivered to the wrong address or stuck in a USPS distribution center. He added that the USPS rule applies to federal agencies and does not "unconstitutionally infringe on the states' administration of election." 

But Bonta and his fellow Democratic attorney generals say states, not the federal government, should set rules for elections.

This is California’s 86th lawsuit against Trump in 83 weeks.

The litigation follows a Monday decision by the U.S. Supreme Court granting an emergency stay requested by the Trump administration. The Supreme Court ruled that the states' earlier challenge to the executive order was filed too early but noted attorneys general could challenge the U.S. Postal Service rule implementing Trump's order.

Speaking to reporters Wednesday in a virtual press conference, Bonta said Trump “does not have the authority” here.

"Neither Congress nor the Constitution give the Postal Service the power to regulate elections or refuse to deliver lawful mail-in ballots,” said Bonta, a Democrat running for reelection on Nov. 3 against Republican attorney Michael Gates.

Trump issued the executive order in March, stating that this is about enhancing federal election integrity, preventing noncitizens from voting, and establishing new standards and procedures for mail-in and absentee ballots.

Twenty-three other Democratic attorneys general are involved in the lawsuit, along with Pennsylvania Gov. Josh Shapiro, who's also a Democrat.

"President Trump doesn't get to rewrite our voting system on a whim,” said Bonta. “And the United States Postal Service cannot sidestep the laws that govern the Postal Service just to carry out the president's agenda."

After the Supreme Court decision in favor of Trump, California Gov. Gavin Newsom responded by saying that the Golden State would be filing a new lawsuit. Newsom also pushed for state legislation that will establish new felonies and misdemeanors for seizing election materials or interfering with mail-in ballot delivery.

The White House dismissed the Democratic governor's comments.

“The Supreme Court ruling was a major win for the security of American elections,” White House spokeswoman Lauren Bis told The Center Square Tuesday in an email. “Radical Democrats continue to oppose commonsense measures that protect the security of mail-in ballots and ensure only Americans are electing American leaders.”

Bis added that the Trump administration will “continue to lawfully enact the agenda President Trump was elected on – which includes the safety and security of our elections.” 

When asked Wednesday for comment, Bonta told The Center Square that “the president and the United States Postal Service are violating the Constitution” of the United States. 

“We have a U.S. Constitution that is stronger than any president or any federal department, including the U.S. Postal Service, and they're blatantly, brazenly breaking the law, and they are interfering with our elections,” said Bonta. “They have no right to do it. So whatever their spin, their script, their disinformation, the people of this country deserve better than a president who continues to break the law and tries to interfere with our elections.”

Bonta added that Newsom was “absolutely right” when he said California was going to sue.

“Today, we are suing, and we feel very confident in our case,” said Bonta.

The Center Square reached out to Bonta's office in hope of getting answers about whether regulations could prevent potential fraud with mail-in ballots and ensure noncitizens aren't voting in state and federal elections. The Center Square also contacted the office to ask if the new U.S. Postal Service rule could inadvertently keep ballots out of the hands of registered voters. The Center Square did not hear back by publication time.

Besides Bonta in California, the Democratic attorneys general filing the suit are from Nevada, Washington state, Massachusetts, Arizona, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia and Wisconsin. Pennsylvania Gov. Josh Shapiro, a Democrat, is also among the plaintiffs.