Washoe County prosecutors have sued the United States Postal Service, asking a federal court to stop its plan to move key mail processing operations from Reno to Sacramento (cities divided by a mountain pass prone to snow closures ) and accusing the agency of circumventing federal law.
In a lawsuit filed Tuesday in Nevada District Court, the Washoe County District Attorney’s Office said parts of the Postal Service’s 10-year plan to transform its operations, which includes moving from Reno to Sacramento, violate the law. federal because the agency will not seek an advisory opinion from the Postal Regulatory Commission, which oversees the agency. These opinions are necessary when a Postal Service proposal “would affect service nationwide or substantially nationwide.”
Prosecutors specifically argued that the Postal Service should receive an advisory opinion on the aspect of the 10-year plan that calls for nationwide changes to processing facilities, including those in Tallahassee and Portland, because it “would create a mail backlog across the United States.” ”. “The lawsuit seeks to halt any further action until the agency requests an advisory opinion from the commission.
The lawsuit, which Washoe County commissioners approved filing Tuesday, is the latest effort by the chorus of state and federal politicians to delay or stop the measure, including members of Nevada’s congressional delegation, the Washoe County Commission , the office of the secretary of state and the governor. about its possible effects on the region’s economy and voting by mail.
The Postal Regulatory Commission previously ruled that the agency did not need to seek an opinion on the entire 10-year plan, but could need approval before implementing specific parts. It also ordered the agency in April to show cause why advisory opinions were not necessary for changes to processing facilities. The Postal Service responded that such a move “significantly invades the discretion of the Postal Service” and added that it will seek an advisory opinion if it determines it is necessary.
Under the agency’s plan for Northern Nevada, which was finalized last month despite bipartisan opposition at the state level, all outgoing mail from Northern Nevada would first be processed in Sacramento before heading to its destination, a change with regarding the current operations where said mail was processed in Reno. . The Reno facility would become a local processing center, a facility that prepares mail before placing it on carriers’ routes.
A Postal Service spokesperson said Wednesday that he could not comment on active litigation, but reiterated that incoming mail to northern Nevada, including medications and checks, will continue to be processed and sorted at the Reno facility. The only changes will be for outgoing mail from the region, and the Postal Service determined that most of the outgoing mail at the Reno facility was destined for outside the region.
“Claims by some that this type of mail will be delayed are false,” the spokesperson said.
The lawsuit also argues that the measure alone would require an advisory opinion because it could have nationwide electoral implications. Mail-in ballots in Nevada must be received no later than four days after Election Day to be counted, as long as they are postmarked by Election Day.
In the 2022 general election, more than 5,600 mail-in ballots in Washoe County arrived after Election Day, most of which were received the day after Election Day, according to data from the clerk’s office. state. In the U.S. Senate race, Sen. Catherine Cortez Masto (D-NV) won by about 8,000 votes.
“(The plan) will include the power to affect the outcome of a federal election by failing to timely deliver mail that would otherwise be processed in Reno, Nevada and counted in an election,” the lawsuit says.
The Postal Service has maintained that the move from Reno to Sacramento would not take effect until January, well after this year’s election.
Prosecutors were also skeptical that the measure would have no impact on mail delivery. The lawsuit said unpredictable winter weather on Interstate 80 and Donner Pass, the main route between Reno and Sacramento, could jeopardize timely delivery of mail.
“(T)he volatile Donner Pass road conditions will create additional and substantial mail delays if Defendants implement their plan to move mail processing from Reno to Sacramento,” the lawsuit says.
Sen. Jacky Rosen (D-NV) and Republican Gov. Joe Lombardo held a press conference Tuesday to condemn the proposed measure.
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