US Postal Service issues new mail ballot rule before midterms
The U.S. Postal Service issued new postal service election regulations for mail ballots on Friday night, but the rule will take effect only if courts lift injunctions blocking President Donald Trump's order restricting vote-by-mail. With North Carolina's first military ballots due Sept. 4, election officials say the midterm impact remains uncertain amid fast-moving litigation.
The final regulation arrives less than two weeks before some states begin sending ballots for congressional elections that will determine control of the House and Senate. For voters and administrators tracking Fintech & Crypto Alerts and broader policy shifts, the timing has amplified confusion over whether federal agencies can reshape state-run voting procedures.
Key Takeaways
- The USPS published a final mail ballot rule Friday night, but implementation depends on Supreme Court action and multiple injunctions.
- A federal judge in Boston has frozen Trump's executive order, and voting rights groups say the administration defied that order.
- The rule would require states to submit voter lists and meet envelope and preparation standards before ballots are delivered.
- North Carolina must send military and overseas ballots by Sept. 4, leaving little time for nationwide formatting changes.
- The Supreme Court has not yet ruled on the administration's request to lift the injunction.
What Did the USPS Final Rule Require?
According to AP News, the Postal Service's final regulation would require states to submit voter lists in order to get their mail ballots delivered. Solicitor General John Sauer told the Supreme Court the rule imposes "only modest requirements for preparation and envelope design for federal ballot mail."
The administration's executive order calls for the federal government to compile a list of eligible voters and send mail ballots only to those on the list. The USPS said it could not comment on its rule given the ongoing litigation.
Why Is the Rule Tied Up in Court?
U.S. District Judge Indira Talwani in Massachusetts issued a preliminary injunction against Trump's restrictions. She found the order "is presently causing confusion and threatening both increasing chaos and an erosion of trust in our democracy," and that ensuring people can vote "heavily outweighs the executive's attempt to unconstitutionally insert itself into the domain of election regulation."
The League of Women Voters and other groups filed an emergency motion arguing the Postal Service "flouted" that order by posting the final rule with immediate effect. Talwani set a Tuesday deadline for the administration to respond, with the rule scheduled for publication Wednesday.
Could the Rule Affect November's Midterms?
The administration stressed the final rule will apply to the midterms only if it "obtains relief from all outstanding court orders," including Talwani's injunctions and a separate case pending at the Supreme Court involving 23 states and the District of Columbia.
AP reported that a second injunction would prevent the Postal Service from implementing procedural changes before this year's midterms. Once North Carolina sends its first mail ballots on Sept. 4, it would be "virtually impossible" for all states to alter ballot formatting to comply with Trump's directive.
Opposing states warned the Supreme Court that allowing transformative changes so close to the elections carries "extreme" consequences. They said many of the millions who rely on mail voting, especially voters with disabilities and those in rural areas, would likely be denied ballots and disenfranchised.
What Happens Next in the Legal Fight?
The Trump administration has asked the Supreme Court to lift Talwani's injunction, but the justices have not yet acted. Even if the Massachusetts judge issues a new enforcement order before publication day, the high court could have the final word.
Democratic-run states and civil rights groups argue Trump lacks authority to change election regulations, noting the Constitution vests that power in the states or Congress. Congress has been unable to pass Trump's desired election changes, leaving the courts as the decisive arena with weeks until ballots go out.