A judge ordered the US Postal Service to sweep mail processing facilities on Tuesday afternoon for delayed election ballots and immediately dispatch any for delivery in about a dozen states, including closely-fought battlegrounds Pennsylvania and Florida.
USPS data showed about 300,000 ballots that were received for mail processing did not have scans confirming their delivery to election authorities. While ballots may be delivered without scans, voting rights groups fear mail delays could cause at least some of those votes to be disqualified.
US District Judge Emmet Sullivan issued the ruling in response to lawsuits brought by groups including Vote Forward, the NAACP, and Latino community groups.
Affected by the order are central Pennsylvania, northern New England, greater South Carolina, south Florida, Colorado, Arizona, Alabama and Wyoming, as well as the cities of Atlanta, Houston, Philadelphia, Detroit, and Lakeland, Florida.
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Sullivan ordered postal officials to complete the inspections by 2000 GMT and certify by 2130 GMT that no ballots were left behind.
Lawyers for the USPS told Sullivan in a court filing that the agency was not able to complete the sweeps by 0930 GMT but was "working as expeditiously as possible to comply with this court's orders while recognizing physical and operational limitations and the need to avoid disrupting key activities on Election Day."
It added inspectors would be in the identified facilities throughout the evening.
The NAACP filed an emergency request for a new court hearing to "address next steps," noting USPS had not complied with the court order.
The Justice Department said postal inspectors were still reviewing daily 220 facilities handling election mail, including logs for accuracy, scanning for delayed mail, and ensuring election mail was processed expeditiously and no ballots were being held for postage due.
Many states will only count mailed ballots that are received by the end of Tuesday in their election results.
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In August, the USPS suspended cost cutting such as removing post boxes and mail processing machines implemented by Postmaster General Louis DeJoy, an ally of President Donald Trump. State attorneys general and civil rights groups said the changes would slow election mail delivery and make it difficult for voters to participate during the coronavirus pandemic.
The postal service has said it had delivered 122 million blank and completed ballots before Tuesday.
