US District Judge Emmet Sullivan has ordered the USPS to sweep all processing facilities, twice daily, in states that allow for properly postmarked ballots to count, if they arrive after Election Day.
The sweeps include USPS processing facilities in the critical, and still undecided, battleground states of Nevada, Pennsylvania and North Carolina.
Ballots — postmarked by or on Election Day — can count in North Carolina and Pennsylvania, according to state law, if they are received on or before Nov. 6. In Nevada, ballots --postmarked by or on Election Day — can count in Nevada, according to state law, if they are received on or before Nov. 10.
The USPS must perform the first sweep in the morning, no later than 10 a.m. local time.
They must also sweep the facility in the mid-to-late afternoon, in time for any local ballots found to be delivered to the local election officials.
During a hearing Thursday, DOJ lawyers indicated that USPS district managers started the morning sweep for the day, before the order came into effect.
USPS must also report the number of ballots found during the sweep, and confirm they were delivered in time to meet the state deadlines.