USPS Ordered To Speed Up Ballot Delivery in Detroit

Michigan AG Dana Nessel: US District Judge Orders USPS To Speed Up Ballot Delivery in Detroit

LANSING — Michigan Attorney General Dana Nessel announced today that the United States Postal Service (USPS) has been ordered by a U.S. district court judge to accelerate the delivery of ballots in two key regions of the state, including the Detroit District, which has the worst on-time delivery of first class mail in the country. The post office is also required to speed up delivery in the Lakeland District, in Wisconsin.

Judge Stanley Bastian (U.S. District Court for the Eastern District of Washington) issued the order following a status conference with USPS and a coalition of 13 plaintiff states, including Michigan. Michigan Attorney General Dana Nessel joined with a coalition of states to file a lawsuit against the USPS in August following significant slowdowns in mail service.  

A U.S. House investigation found that the Detroit District has the nation’s worst on-time delivery (57-85% vs. a national score of 93% or higher). Detroit was specifically cited in the request made to the judge which resulted in the October 30th order.

“The slowdown of mail delivery in our state – especially in Detroit – has had a dramatic negative impact on the timely delivery of absentee ballots,” said Nessel, who has worked closely with U.S. Senator Gary Peters to address the slowdown in Michigan.

“This has been a serious impediment to voters who have made the effort to request, receive, vote and return their absentee ballots.  The Court’s order is an important step in righting this wrong but it is only a temporary fix to an ongoing problem.”

As to Detroit facility and processing centers, the order specifically states:

• If USPS identifies any incoming ballots in its “all clear” processes in these facilities from the date of this order through Election Day, it shall make every effort to deliver those ballots by 8:00 PM local time on Election Day as required by Michigan law, including by using Priority Mail Express and/or other extraordinary measures;
• If USPS identifies any outgoing ballots in its “all clear” processes in these facilities between the date of this order and November 1, 2020, it shall make every effort to deliver those ballots to voters on or before November 2, 2020, including by using Priority Mail Express or other extraordinary measures.

The order also provides that attorneys with the Michigan Department of Attorney General shall have reasonable access to USPS facilities to monitor compliance with the Court’s order.

Despite the ruling, Nessel urged voters to check on-line at Michigan.gov/vote to confirm that their ballots have been received.  If not, she said voters should go to their clerk’s office this weekend, Monday or even Election Day to cancel their absentee ballot, which will allow them to receive a new ballot and then vote in person.

“At this point, you should not use the mail to deliver your absentee ballot because, even with this order, we simply cannot be assured it will get through the mail on time to be counted,” said Nessel. “Every Michigan voter should ensure their voice is heard and their ballot counts. Drop off your absentee ballot in person or go to the polls on November 3rd.”

Judge Bastian’s order is available here.