The U.S. Postal Service is moving forward with a new regulation that would restrict mail-in voting despite court orders currently blocking its implementation. The rule, which the agency prepared to publish in the Federal Register, stems from a March executive order signed by Donald Trump.
Under the proposed regulation, states would be required to provide the federal government with lists of eligible voters and adopt new balloting procedures. The Postal Service would refuse to deliver mail-in ballots from states that fail to comply. The rule requires states to submit voter names and barcodes linked to mail-in ballots for federal elections to a federal database operated by the Department of Homeland Security.
Two federal courts, one in California and one in Massachusetts, have issued injunctions blocking the changes from taking effect. Nevertheless, the Trump administration is proceeding with implementation plans. According to the rule text, if courts lift the injunctions, the USPS intends to activate the system immediately, giving election officials time to comply before mail-in ballots are typically sent in September.
The federal government has sued 30 states and Washington D.C. for refusing to surrender voter lists. The USPS received more than 200,000 public comments during the rulemaking process on the proposed changes.
Nearly one in three Americans voted by mail in 2024. Mail voting expanded significantly during the pandemic and has remained popular across party lines. Legal experts and voting rights advocates have raised concerns about potential disenfranchisement, particularly for elderly and disabled Americans who depend on mail ballots.
Morris County in New Jersey has already announced plans to opt out of vote-by-mail services in response to the anticipated changes. The timing of the regulation has drawn scrutiny as the nation prepares for elections. Federal courts in multiple jurisdictions are weighing emergency motions and preliminary injunctions related to the rule.
The Postal Service has not publicly detailed the specific operational changes underlying the regulation or provided data on how many voters might be affected. Analysis from Vox suggests that Supreme Court precedent on election administration could influence whether the changes survive legal challenges. The Atlantic has criticized the Supreme Court's approach to evaluating factual claims in election-related cases.
The legal battle represents the latest conflict in ongoing disputes over election administration and ballot access. The outcome of the litigation could significantly reshape how Americans vote in upcoming elections. Any restrictions on mail ballot access would require millions of voters to change their voting plans, potentially creating logistical challenges for election officials managing in-person voting locations.