Judge Holds Hearing on USPS's Noncompliance With Election Day Order to Sweep for Ballots and Rush Delivery (UPDATE)

U.S. District Judge Emmet Sullivan said Tuesday that the USPS had until 3 p.m. ET to make sure "no ballots have been held up" in slower regions.

USPS
Getty

Image via Getty/George Frey

USPS

UPDATED 11/4, 12:30 p.m. ET: The clearly vexed U.S. District Judge Emmet Sullivan held a hearing at noon on Wednesday questioning why the U.S. Postal Service did not sufficiently comply with his order. "Someone might have a price to pay for that," he said.

"If it was not possible as a practical matter for my order to be compiled with, it was the government’s job to tell me that so I could make appropriate adjustment," says Judge Sullivan.

He said his anger this morning is directed "all the way to the top."

— Caroline O'Donovan (@ceodonovan) November 4, 2020

“At some point, the postmaster [general, Louis DeJoy] is either going to have to be deposed or appear before me and testify under oath,” Sullivan said, adding that the "court has been very clear that it expects full compliance."

Sullivan also said, "The court would have been very sensitive to any complaints that it was impossible to comply with the order. It just leaves a bad taste in everyone’s mouth for the clock to run out, game over. There was not compliance with a very important court order.”

#LouisDeJoy caused this along with @realDonaldTrump 🤬 pic.twitter.com/GNxfKXtLI2

— Terry, PhD Student Public Policy 🇺🇦 (@tquad64) November 4, 2020

As the Hill's John Kruzel wrote this morning, "New USPS data appears to show a failure to deliver mail ballots from voters across the country on Election Day." He explained more in a thread, followed by summary of Sullivan's remarks at the hearing:

Update for those wondering about USPS' methodology: Just spoke with @SamSpital, an attorney on the case. He said in all likelihood USPS simply does not know the exact percentage of mail ballots that went undelivered by Election Day deadlines (1/3)

— John Kruzel (@johnkruzel) November 4, 2020

Sullivan once again ordered the Postal Service to "dramatically ramp up efforts to scour their facilities for lingering Texas mail ballots," as Kruzel wrote:

🚨U.S. District Judge Emmet Sullivan has ordered USPS to dramatically ramp up efforts to scour their facilities for lingering Texas mail ballots postmarked by Election so they can be delivered by the state's 5pm deadline pic.twitter.com/wWeiuAYzBB

— John Kruzel (@johnkruzel) November 4, 2020

The judge subsequently questioned USPS executive manager Kevin Bray on Wednesday:

Kevin Bray, the USPS official, is getting grilled on the precise timing of how mail-in ballots are handled.

He said that every ballot should have arrived at a processing facility by the end of the day it was cast.

— Jacob Shamsian ⚖️ (@JayShams) November 4, 2020

See original story below.

A federal judge has ordered the United States Postal Service to conduct sweeps of facilities for any remaining mail ballots and to rush their delivery.

U.S. District Judge Emmet Sullivan said Tuesday that the USPS must conduct the sweeps in multiple regions where the processing for mail-in ballots has been slow. Affected areas include Alabama, Atlanta, South Florida, Greater South Carolina, and elsewhere. Sullivan, per the Hill, has given the USPS until 3 p.m. to "ensure that no ballots have been held up" in these areas.

The order means USPS inspectors or designees must conduct the facility sweeps between 12:30 p.m. ET and 3 p.m. ET on Tuesday. And no later than 4:30 p.m. ET, a status update must be filed showing compliance with the order.

BREAKING: We haven't forgotten you, mail-in voters. New frm Judge Sullivan in our #USPS case: mail processing facilities in identified jurisds must conduct sweeps to "ensure that no ballots have been held up & that any identified ballots are immediately sent out for delivery." https://t.co/jEOqR0ZBXQ

— Sherrilyn Ifill (@SIfill_) November 3, 2020

Last Friday, the USPS shared a public statement detailing the "extraordinary measures" being implemented to ensure the delivery of ballots. Those efforts included establishing "ballot postmark only" lines at retail counters through Election Day, utilizing extra deliveries and collections to meet state deadlines, arranging after-hours handoffs with Boards of Elections, and more.

"These extraordinary measures are in addition to processes and procedures USPS has deployed since September to deliver the nation’s ballots for the November election in a secure and timely manner," a rep said.

Also last week, Judge Sullivan signed an order requiring USPS managers to continue putting such measures in place as part of a larger effort to speed up the delivery process.

Latest in Life