Maryland Among States Suing US Postal Service, Alleging 'Unconstitutional' Cuts Could Undermine National Election

BALTIMORE (WJZ) — Maryland Attorney General Brian Frosh and attorneys general in more than a dozen other states have filed a lawsuit against President Donald Trump and Postmaster General Louis DeJoy over what they called "unlawful" cuts to the U.S. Postal Service.

The group claims those cuts have slowed mail delivery and are designed to undermine the upcoming election, in which a record number of voters are expected to cast their ballots by mail.

"We're very concerned people will be disenfranchised. The postmaster general wrote to Maryland and 45 other states and said, 'We don't think we can deliver your ballots on time for the election.' If they don't, people will be disenfranchised," Frosh told WJZ Investigator Mike Hellgren. "Trump's attacks on the postal service are designed to disrupt the election, and that's extraordinarily dangerous. It strikes at the core of democracy."

He added Trump and DeJoy are also "hurting innocent bystanders," such as Americans waiting for medicine, social security checks and other services.

"This conduct is harmful, illegal and unconstitutional. We are filing suit to stop it," Frosh said.

The states' lawsuit asserts the Postal Service implemented the changes to mail service nationwide unlawfully and is seeking to stop the agency's service reductions. This comes after comments made by President Trump in recent days, claiming that widespread vote-by-mail will lead to a fraudulent election, which the states' suit calls a "baseless claim."

The changes include eliminating staff overtime, changing how the mail is sorted and requiring late-arriving mail to be left for delivery the next day, as well as plans to stop processing outgoing mail at some state mail distribution centers.

Frosh said six sorting machines have been removed in Baltimore-area postal facilities—including four in the city and two in Anne Arundel County.

Congressional leaders claim this has already resulted in mail delays, and will disproportionately impact rural communities.

The attorneys general assert that the Postal Service has acted outside of its authority to implement these changes and did not follow the proper procedures under federal law.

Just as the lawsuit was filed, DeJoy suspended changes to the system. He issued a lengthy statement Tuesday afternoon:

"The United States Postal Service will play a critical role this year in delivering election mail for millions of voters across the country. There has been a lot of discussion recently about whether the Postal Service is ready, willing and able to meet this challenge.

I want to make a few things clear:

The Postal Service is ready today to handle whatever volume of election mail it receives this fall. Even with the challenges of keeping our employees and customers safe and healthy as they operate amid a pandemic, we will deliver the nation's election mail on time and within our well-established service standards. The American public should know that this is our number one priority between now and election day. The 630,000 dedicated women and men of the Postal Service are committed, ready and proud to meet this sacred duty.

I am announcing today the expansion of our current leadership taskforce on election mail to enhance our ongoing work and partnership with state and local election officials in jurisdictions throughout the country. Leaders of our postal unions and management associations have committed to joining this taskforce to ensure strong coordination throughout our organization. Because of the unprecedented demands of the 2020 election, this taskforce will help ensure that election officials and voters are well informed and fully supported by the Postal Service.

I came to the Postal Service to make changes to secure the success of this organization and its long-term sustainability. I believe significant reforms are essential to that objective, and work toward those reforms will commence after the election. In the meantime, there are some longstanding operational initiatives — efforts that predate my arrival at the Postal Service — that have been raised as areas of concern as the nation prepares to hold an election in the midst of a devastating pandemic. To avoid even the appearance of any impact on election mail, I am suspending these initiatives until after the election is concluded.

I want to assure all Americans of the following:

  • Retail hours at Post Offices will not change. 
  • Mail processing equipment and blue collection boxes will remain where they are.
  • No mail processing facilities will be closed.
  • And we reassert that overtime has, and will continue to be, approved as needed.      

In addition, effective Oct. 1, we will engage standby resources in all areas of our operations, including transportation, to satisfy any unforeseen demand.

I am grateful for the commitment and dedication of all the men and women of the Postal Service, and the trust they earn from the American public every day, especially as we continue to contend with the impacts of COVID-19. As we move forward, they will have the full support of our organization throughout the election."

Other states in the lawsuit include Colorado, Connecticut, Illinois, Michigan, Minnesota, Nevada, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin and Pennsylvania.

Several Baltimore postal customers told WJZ they're fed up with delays and worried about their votes counting.

"I've had mail that's been delayed. It's extremely frustrating," said Taua Blockson from southeast Baltimore.

"I've never heard of a problem of this magnitude," said Baltimore postal service customer Lorenzo Samuels. "Yes, I do think it's political."

Democrats said they plan to pass legislation for more postal funding. DeJoy is scheduled to appear before the Senate Friday and at a House committee hearing on Monday.

"Now it appears their hand has been caught in the cookie jar, and they're taking it out," House Majority Leader Steny Hoyer (D-Maryland) said.

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