Team Secures Federal Court Orders Requiring USPS To Expedite Florida Ballots
A team led by Jenner & Block Partner David J. Bradford
represents 1199SEIU United Healthcare Workers East in its lawsuit against Postmaster General Louis DeJoy over alleged slowdowns in mail delivery.
The union sued DeJoy on October 6, claiming he made “illegal and unprecedented changes” to USPS policies that will delay ballots and disenfranchise Floridians who are voting by mail in larger numbers than usual because of the COVID-19 pandemic.
On October 29, the team won a court order
requiring USPS to issue “all clear” certifications from all postal facilities in the 10 largest counties in Florida by 8 a.m. on Monday, November 2. The “all clear” certification requires each facility to certify that it has processed all ballots at that facility. The court scheduled a hearing at 9 a.m. on Monday morning, at which he could order further emergency relief if the 8 a.m. certifications were not satisfactory to our client. These certifications and other relief were ordered over USPS’ objection.
This ruling came on the heels an October 28 agreement, that required USPS to provide detailed arrangements for USPS officials to transfer ballots directly to Election Officials prior to 7 p.m. on Election Day and for USPS to “implement a hub-and-spoke plan” for each Florida county for November 2 and 3.
Under the agreement, the USPS will route any ballots within or near the destination county directly to the county's supervisor of elections, preventing them from traveling to a sorting facility farther away.
“The key is to get the ballots in the hands of that servicing facility,” Mr. Bradford told US District Judge Robert N. Scola Jr. in a videoconference hearing. “The hub and spoke is designed to make sure they don't get sent 200 miles away only to be sent back to the county.”
The agreements also required USPS to report to our team on a daily basis if there have been any material departures from the agreed procedures. All of these agreed procedures to expedite ballots and to provide transparency about ballot delivery issues were made part of the Court’s October 29 Order.