USPS finalizes mail ballot rule despite court injunctions
The U.S. Postal Service finalized a postal service mail ballot rule late Friday requiring states to share voter data with federal agencies before the November midterms. Two federal court injunctions in California and Massachusetts block the changes, but USPS says it will implement the restrictions immediately if those orders are lifted.
The move marks the Trump administration's latest effort to tighten mail-in voting ahead of congressional elections, even as judges have halted key provisions of the underlying March executive order.
Key Takeaways
- USPS posted a final rule requiring states to provide voter lists and adopt new balloting procedures before it delivers mail ballots.
- Federal courts in California and Massachusetts issued injunctions that currently bar USPS from implementing the changes.
- The rule implements President Donald Trump's March executive order restricting mail-in ballot delivery.
- USPS received more than 200,000 public comments and plans Federal Register publication next week.
- Nearly one in three Americans voted by mail in 2024, making postal policy a high-stakes election issue.
What does the new USPS mail ballot rule require?
Under the finalized rule, states must give the U.S. Department of Homeland Security and other federal agencies access to voter lists and adopt new balloting procedures before the Postal Service will deliver ballots. If states do not comply, USPS would refuse to deliver mail-in ballots for federal elections.
The proposal also requires states to provide the postal service with names and barcodes tied to mail-in ballots. USPS acknowledged in the rule text posted online Friday that the plan is scheduled for publication in the Federal Register next week.
Why are federal courts blocking the postal service mail ballot changes?
Two injunctions issued by federal courts in California and Massachusetts currently prevent USPS from moving ahead with the changes tied to Trump's March executive order. The order prohibits the Postal Service from delivering ballots to voters not on a federal list of citizens deemed eligible by the Department of Homeland Security.
Despite those court orders, the Trump administration is pressing ahead with plans to disrupt votes cast by mail. The federal government has sued 30 states and Washington, D.C., for refusing to hand over lists of eligible voters.
What happens if the court injunctions are lifted?
USPS stated in the final rule that it is ready to implement the new restrictions on mail-in voting if the injunctions are lifted. The agency said timely relief would give election officials as much time as possible before the next election to comply with preparation standards for Federal Ballot Mail envelopes and to submit data through the Federal Ballot Mail Portal.
Mail-in and absentee ballots subject to the rule are generally mailed in September or thereafter, as determined by state law, according to the rule text.
Could the rule affect the November midterm elections?
With nearly one in three Americans voting by mail in 2024, any restriction on postal ballot delivery could reshape turnout in competitive congressional races. Trump has sought to limit ballots cast by mail, though he voted by mail in Florida's Republican primary this year—at least the third time he has mailed in his ballot.
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