The United States Postal Service (USPS) published a final rule on Friday outlining new requirements for states to provide federal agencies with voter information before mail-in ballots can be processed, despite two federal court injunctions blocking the changes from taking effect.
The 95-page rule, submitted to the Federal Register, mandates that states submit Mail-In and Absentee Participation Lists to the USPS, including voters' names, addresses, and uniquely serialized Intelligent Mail barcodes (IMb) on ballots. The Postal Service stated the rule aligns with President Donald Trump’s March 31 executive order, which seeks to enhance election integrity through the U.S. mail system.
Key Developments:
- The USPS rule does not alter who can vote or whether states can use mail voting but changes how ballots are prepared, tracked, and accepted into the postal system.
- The Postal Service acknowledged in the rule that two federal injunctions—issued by judges in California and Massachusetts—currently prevent implementation. The USPS stated it is ready to enforce the rule immediately if the injunctions are lifted.
Court Rulings and Legal Challenges
The USPS rule was finalized following a monthslong review alongside the Office of Management and Budget (OMB). However, the agency noted in its filing that U.S. District Judge Indira Talwani—nominated by former President Barack Obama—issued a preliminary injunction in June blocking enforcement of the rule, ruling that portions of Trump’s executive order were unconstitutional. The injunction was renewed in July in the case League of Women Voters of Massachusetts v. Trump.
The Postal Service stated it cannot comment further on the executive order due to pending litigation and will not implement the rule for the 2026 election unless the injunctions are overturned. If relief is granted, the USPS plans to activate a Federal Ballot Mail Portal to verify voter eligibility before ballots are mailed, typically in September.
Requirements for States and Voters
Under the new rule, states must:
- Submit voter lists to the USPS at least 60 days before an election for inclusion in the Mail-In and Absentee Participation List.
- Ensure each ballot includes a uniquely serialized IMb for tracking and verification.
- Failure to comply could result in the USPS refusing to deliver ballots.
The rule also requires states to notify the USPS at least 90 days before an election if they intend to use mail-in ballots. The Postal Service emphasized that the changes are intended to ensure faithful execution of federal law but did not specify how the rule would impact voter participation.
Background and Broader Context
Trump’s executive order directed the USPS to collaborate with the Department of Homeland Security (DHS) to verify voter citizenship and monitor mail ballots. The administration has previously sued 30 states and Washington, D.C., for refusing to provide voter lists, framing the effort as a measure to prevent election fraud. Critics argue the rule could disproportionately affect mail-in voting access, particularly in states with high reliance on absentee ballots.
The USPS rule follows months of public comment, during which opponents raised concerns about voter suppression risks and logistical barriers. The agency acknowledged the opposition but maintained that the changes were necessary to align with federal law.
Next Steps
The rule is scheduled to be published in the Federal Register next week. The USPS will monitor legal developments and proceed with implementation only if the injunctions are lifted before the November midterm elections.