4 minPolitics
USPS publishes rule blocking mail-in ballots from states that don't provide voter lists
The United States Postal Service published a rule Friday requiring states to provide lists of voters who received mail-in ballots, aligning with President Donald Trump's executive order on election security. The rule remains blocked by a federal injunction.
The United States Postal Service published a rule Friday that would require states to provide lists of voters who received mail-in ballots to the agency, a move that aligns with President Donald Trump's executive order on election security. The rule, first proposed on June 2, mandates that states planning to use USPS to send mail-in ballots notify the agency at least 90 days before an election and provide a list of eligible voters at least 60 days before the election.
Under the new rule, any state that intends to receive mail-in or absentee ballots through the Postal Service must ensure that individuals are enrolled on the state's Mail-In and Absentee Participation List. To be included, states must submit each voter's name and address and include a uniquely serialized Intelligent Mail barcode on both the outbound federal ballot and the return ballot.
The finalized rule cannot go into effect due to an outstanding federal injunction against Trump's March 31 executive order. U.S. District Court Judge Indira Talwani, nominated by former President Barack Obama, issued an initial preliminary injunction in June, ruling that two sections of the order, including the section pertaining to USPS and mail-in ballots, were unconstitutional. In July, Talwani renewed the injunction, barring the USPS from enacting the rule.
The rule, which USPS will officially publish on Aug. 26, would only take effect for the upcoming midterm elections if a federal court lifts its injunction on Trump's executive order. In a filed opposition to the renewal of the injunction, the Trump administration argued that the judicial review was premature under the ripeness doctrine, claiming that plaintiffs cannot demonstrate any harm from the proposed law until it takes effect.
«Plaintiffs cannot demonstrate they suffer any particularized injury from ongoing policymaking deliberations within the Executive Branch. Instead, their concern is with possible 'action that the [government] might take in the future,'» the objection, filed by the U.S. Department of Justice's Civil Rights Division, read.
USPS Postmaster General David Steiner defended the rule when it was first proposed in June, arguing that the USPS is making sure «we match the ballots that a state believes they're sending out to what actually gets sent out.» After the most recent injunction was issued, White House spokesperson Lauren Bis said, «The entire Trump Administration will continue lawfully enacting the agenda President Trump was elected to enact – which includes the safety and security of American elections.»
The rule is part of a broader push by the Trump administration on election security. The Department of Homeland Security has approved a plan to verify voter citizenship and monitor mail ballots, and the administration has signaled it will pursue costly crackdowns on states that do not cooperate on election security measures. The League of Women Voters of Massachusetts v. Trump case remains the key legal challenge to the executive order, with plaintiffs arguing that the requirements impose unconstitutional burdens on voters and states.
