August 14, 2020
Attorney General Mark Brnovich
2500 N. Central Avenue
Phoenix, AZ 85004
VIA EMAIL ONLY

Attorney General Brnovich,
As you know, voting by mail has a long and successful history in Arizona. In fact, it’s
more popular than ever—during our recent primary election, more than 85% of voters
who cast a ballot did so after receiving it in the mail. The faith in and reliance on our
ballot-by-mail system is nonpartisan, with the vast majority of ballots for each party
being cast this way. During this pandemic, it is clear that voters have decided that voting
by mail is the safest way to exercise their right while protecting their health.
But recent changes at the United States Postal Service (USPS) are deeply troubling, and
coupled with recent comments from President Trump, may have implications under
Arizona law, which makes it a crime to “knowingly delay the delivery of a ballot.”1 I write
today to ask that the Election Integrity Unit investigate whether President Trump, and
others at his direction, has conspired to violate ARS 16-1003.
On August 7th, Postmaster General Louis DeJoy announced major changes to the
“organizational structure” of USPS. The postmaster general has suggested that these
structural and personnel changes will allow the organization to “focus on what the Postal
Service does best; collect, process, move and deliver mail and packages.”2 But his recent
directives—ostensibly aimed at reducing the agency’s costs—seem to directly conflict
with that focus, including:
-

The elimination of overtime for postal workers3

Ariz. Rev. Stat. § 16-1003.
USPS. (2020, August 07). Postmaster General Louis DeJoy Modifies Organizational Structure to Support
USPS Mission [Press release]. Retrieved from https://about.usps.com/newsroom/nationalreleases/2020/0807-pmg-modifies-organizational-structure.htm
3 Bogage, J. (2020, July 14). Postal Service memos detail 'difficult' changes, including slower mail delivery.
Retrieved August 13, 2020, from https://www.washingtonpost.com/business/2020/07/14/postal-servicetrump-dejoy-delay-mail/
1
2

 -

Prohibiting letter carriers from making extra trips to ensure the timely delivery of
the mail4
Hiring freezes5
The removal of mail sorting machines6

The effect of these changes, taken individually or together, is an extended transit period
for mail. The timing of such changes—just months before a major election in which a
record number of people are expected to rely on USPS when exercising their fundamental
right to vote—would be conspicuous on its own. Taken with comments from President
Trump however, it’s clear that something more may be afoot here. The President has
suggested in the past, for example, that voting by mail would “LEAD TO THE END OF
OUR GREAT REPUBLICAN PARTY,”7 “the most INACCURATE & FRAUDULENT
Election in history,”8 and even, in response to increased access to vote by mail, suggested
that the “Post Office could never handle the Traffic of Mail-In Votes without
preparation.”9 As noted above, however, USPS has not been undertaking additional
preparation but rather, has been doing just the opposite.
President Trump’s most recent comment, on August 13th, leaves any reasonable person
with the inescapable conclusion that recent directives at the USPS are part of a larger,
coordinated scheme to interfere with Americans’, including Arizonans’, ability to vote
safely by mail. Congressional leaders have proposed emergency funding for USPS to
avert the recent cost-cutting service reductions that would slow the delivery of mail. In
response to a question regarding his opposition to this additional funding, President
Trump said:
“Now, they need that money in order to have Post Office work, so it can take all of
these millions and millions of ballots. . . . But if they don’t get those items, that
means you can’t have universal mail-in voting because they’re not equipped to
have it.”10

Id. See also Internal USPS document tells employees to leave mail at distribution centers. (n.d.).
Retrieved August 13, 2020, from https://www.washingtonpost.com/context/internal-usps-document-tellsemployees-to-leave-mail-at-distribution-centers/175dd1ae-e202-4777-877c33442338d1cc/?itid=lk_inline_manual_46
5 USPS, supra note 2.
6 Gordon, A. (2020, August 13). The Post Office Is Deactivating Mail Sorting Machines Ahead of the
Election. Retrieved August 13, 2020, from https://www.vice.com/en_us/article/n7wk9z/the-post-office-isdeactivating-mail-sorting-machines-ahead-of-the-election
7 Donald Trump (@realdonaldtrump), Twitter (May 28, 2020 6:00 PM)
https://twitter.com/realdonaldtrump/status/1266172570983940101?lang=en
8 Donald Trump (@realdonaldtrump), Twitter (July 30, 2020 5:46 AM)
https://twitter.com/realdonaldtrump/status/1288818160389558273
9 Donald Trump (@realdonaldtrump), Twitter (August 3, 2020 4:37 AM)
https://twitter.com/realdonaldtrump/status/1290250416278532096
10 Kroll, A. (2020, August 13). Trump Says Gutting the Post Office 'Means You Can't Have Universal MailIn Voting'. Retrieved August 13, 2020, from https://www.rollingstone.com/politics/politics-news/trumppostal-service-mail-in-voting-absentee-election-defund-1043797/
4

 There’s no need to read between the lines here. The President explicitly admitted to
an intentional effort to interfere with USPS’ ability to deliver ballots by mail.
Arizona’s Constitution states that “[a]ll elections shall be free and equal, and no
power, civil or military, shall at any time interfere to prevent the free exercise of the
right of suffrage.”11 In a state where the vast majority of voters choose to do so by
mail, attempts to sabotage the USPS just months before an election are most
certainly attempts to interfere with “the free exercise of the right of suffrage.”
I ask that the Election Integrity Unit investigate immediately.

Sincerely,

Katie Hobbs
Arizona Secretary of State

11

Ariz. Const. Art. II § 21