US Postal Service Rule Tightens Mail-In Voting

The US Postal Service (USPS) prepared to publish a final rule on Friday that would impose new requirements on states regarding the provision of voter information to the federal government in exchange for ballot delivery. This action comes despite two existing court orders that currently prevent these changes from being implemented. The USPS acknowledged the presence of these injunctions in the text of the final rule, which was posted online and is scheduled for publication in the Federal Register next week. These injunctions were issued by federal courts in California and Massachusetts and specifically block the USPS from proceeding with the changes mandated by a March executive order signed by then-President Donald Trump. The executive order aimed to alter how mail-in ballots are handled and delivered, with the USPS rule seeking to align with its directives.

The proposed rule necessitates that states provide the federal government with specific information about their voters before the upcoming November midterm congressional elections. This information sharing is framed as a prerequisite for the USPS to undertake the delivery of ballots. The legal challenges against the USPS's proposed changes stem from concerns that such a rule could disenfranchise voters, particularly those in states with less stringent voter registration processes or those who rely heavily on mail-in voting. Critics argue that requiring states to share detailed voter data with the federal government could lead to privacy violations and potentially be used for voter suppression tactics. The USPS, however, has maintained that the rule is intended to streamline the ballot delivery process and ensure the integrity of elections.

The legal battles began shortly after the March executive order was signed, with plaintiffs arguing that the USPS was overstepping its authority and that the order itself was unconstitutional. The court orders from California and Massachusetts have temporarily halted the USPS's ability to enact the new requirements, creating an uncertain environment for election officials and voters alike. The USPS's decision to proceed with publishing the final rule, even with these injunctions in place, suggests a continued commitment to implementing the changes, potentially setting the stage for further legal confrontations. The Federal Register publication is a procedural step that makes the rule officially part of the public record, though its enforceability remains contingent on the resolution of the ongoing court cases. The outcome of these legal challenges will have significant implications for mail-in voting procedures across the United States, especially as the November elections approach.