Final Rule Published Amid Legal Challenges
The USPS has released a 95-page final rule on mail-in voting, even though federal courts have issued injunctions against it. This rule, published on Friday, will officially appear in the Federal Register on August 26. It originates from President Donald Trump's executive order in March, instructing the USPS to create new regulations for mail voting. Despite legal challenges, the USPS is moving forward with these changes, which could impact the distribution of mail-in ballots and require states to provide voter records and redesign ballot envelopes.[S1][S3]
The USPS has outlined a new regulation that mandates states to supply lists of mail-in ballot requesters, complete with tracking barcodes. This information will feed into a Federal Ballot Mail Portal, generating participation lists. States failing to adhere to these requirements will have their ballots rejected by the USPS for delivery.[S1][S3][S5]
Court Injunctions and Administration's Push
Two court orders, one from Judge Indira Talwani in Boston and another from California, currently prevent the USPS from enforcing the new rule. Judge Talwani's August 11 decision deemed the executive order potentially unconstitutional, as the right to vote takes precedence over the executive's involvement in election oversight. The Justice Department is now waiting for the Supreme Court to decide whether to lift these injunctions.[S1][S3][S5]
The USPS has released a final rule, stating it will only enforce the restrictions if the court injunctions are removed. This means the rule could be implemented swiftly if the Supreme Court intervenes, giving states a tight timeframe to adapt before the election. The administration is currently in legal battles with 30 states and Washington DC over their refusal to provide voter lists.[S2][S3][S6]
Criticism and Defense
Critics, including voting rights advocates and Democratic lawmakers, have slammed the move, accusing the Trump administration of weaponizing the USPS to exert federal control over elections. Michael McNulty of Issue One said the rule would turn postal workers into federal gatekeepers, rejecting ballots that do not meet new requirements. Voting rights advocate Marc Elias wrote on social media that USPS caved to Trump.[S1][S5]
Postmaster General David Steiner supports the proposal, claiming it guarantees that ballots issued align with states' expectations. The rule's wording suggests it will aid in enforcing federal law and support law enforcement, even though postal staff won't scrutinize ballot contents. President Trump has repeatedly alleged, without substantiation, that mail-in voting is prone to fraud, despite research indicating that such fraud is extremely uncommon.[S1][S3][S6]
