Twelve GOP Attorneys General Challenge Federal Block on 2028 Mail Voting Rules

Key points

• Twelve Republican state attorneys general, representing Alabama, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, and Texas, initiated an appeal against a September ruling by U.S. District Judge Carl Nichols.
• Judge Nichols blocked the Postal Service from implementing a revised rule for all federal elections, including the 2028 race, finding that the agency likely lacks statutory authority to require states to provide voter name and address lists.
• The blocked rule, released in late August, would have mandated states to turn over voter data to the Postal Service for ballot delivery, a requirement previously challenged for the 2026 midterms.
• The Justice Department declined to comment on whether the Trump administration plans to appeal Nichols’ ruling by the Friday filing deadline, citing ongoing litigation.
• In Texas and Kansas, Democratic candidates are set to take control of state attorney general offices in January, potentially altering the legal stance of those states in the case.

Background

This appeal follows a series of legal battles over mail voting restrictions during the 2026 midterm cycle. Earlier in 2026, the Supreme Court refused to pause a ruling by Judge Indira Talwani that blocked Postal Service changes for the midterms, though Justices Alito and Thomas dissented. President Trump had previously reversed his opposition to mail voting to boost Republican turnout after losing the midterm race, but his administration continued to pursue regulatory changes. A whistleblower report had also raised concerns that the online system required for the new rules was untested and could disrupt ballot delivery for eligible voters.

Why it matters

The outcome of this appeal could determine whether the Postal Service can impose new data-sharing requirements on states for future federal elections. If the restrictions are upheld, it may alter the logistics of mail voting for millions of voters, including those with disabilities or in areas without polling sites. The case also highlights ongoing tensions between federal agencies and state election officials regarding the administration of mail ballots.

What to watch

The Justice Department must decide whether to file an appeal by the Friday deadline. The legal battle may continue through the federal courts, potentially reaching the Supreme Court, as the Republican state attorneys general seek to revive the Postal Service’s plan for the 2028 election cycle.