The United States Postal Service (USPS) has established new rules requiring verification for all mail-in ballots, a change that would take effect if a current court injunction is lifted. The proposed regulations mandate that states collect and report basic voter information, such as name and home address, attached to a unique barcode on each mail-in ballot.
State election authorities would then be required to input this information into a federal ballot mail portal before the ballot can be entered into the mail stream. The USPS stated it would not deliver ballots to any state failing to comply with these new requirements.
These changes come after months of administration efforts to gather voter information under the guise of election integrity. However, some experts have voiced concerns that consolidating such information into federal hands could undermine the constitutional framework of state-administered elections. Jonathan Diaz, director of voting advocacy for the Campaign Legal Center, noted that if the administration can determine who is "American enough to register to vote," it would grant them significant power over the electorate.
The USPS rule incorporates some, but not all, of the demands previously outlined by President Donald Trump in a March executive order. His order had called for statewide voter citizenship lists derived from Social Security or immigration databases, uniform ballots, and coordination between the USPS, its Office of Inspector General, and the Department of Justice for investigating unlawful mail use related to federal elections.
While the final USPS rule tracks eligible voters by name and address, it largely excludes citizenship status. The Postal Service clarified that no other voter information, such as birthdate or social security number, would be uploaded to the portal, and that the USPS would not be involved in determining voter eligibility, maintaining voter rolls, or counting ballots. The rule also does not include a ban on mail-in ballots or the exceptions for military, disability, illness, and travel that the president had requested.
According to the USPS, the collected data will help in enforcing federal law by providing law enforcement with a list of individuals to whom states plan to mail ballots, along with associated barcode data, which could reveal potential issues. The rule comes amidst stalled progress on the SAVE America Act, a GOP-backed proposal requiring photo ID and proof of citizenship to vote. President Trump has publicly advocated for this act, even suggesting the termination of the Senate filibuster to facilitate its passage.
However, some lawmakers, including Republican Sen. Lisa Murkowski of Alaska, have expressed reservations, citing the practical difficulties of implementing such federal mandates and the potential for disenfranchising voters. Murkowski noted that Alaska's prolonged efforts to implement REAL ID highlight the challenges of enforcing federal mandates and the unlikelihood of expedited implementation for the SAVE America Act.
The USPS stated it received over 200,000 public comments on the proposed change and acknowledged the range of opinions in its final rule. The service maintains that the incidence of voter fraud does not affect the rule's legal basis and that the enhanced visibility will help identify and investigate potential issues that might otherwise go undetected.
The rule is slated for official publication on August 26. Currently, a U.S. appeals court ruling from July upholds a district judge's injunction, keeping any changes to mail-in ballots on hold pending further litigation.