The U.S. Postal Service (USPS) has published a final rule aimed at tightening requirements for mail-in voting, a move that could be implemented if a court lifts existing injunctions. The 95-page rule was issued late on Friday, August 21, and is designed to be ready for immediate effect should judicial blocks be removed.
Under the finalized rule, the USPS would not deliver ballots in states that do not adhere to the new standards. Specifically, states would be required to provide the USPS with lists of voters who have been sent mail-in ballots. The rule also mandates that states provide unique barcodes for outbound and return ballot envelopes for federal elections.
This development follows a decision last week by U.S. District Judge Indira Talwani in Boston, who had previously blocked the USPS from enacting these rules. The regulations were initially ordered by President Donald Trump in March, following his repeated, unsubstantiated claims of widespread voter fraud in the 2020 election and calls for stricter mail-in voting regulations.
The rule is slated for formal publication on August 26. However, the USPS has stated it will not implement the order unless a court lifts the current injunctions. The postal service declined to comment, citing ongoing litigation. The White House has not yet issued a statement.
Critics, including Democratic election lawyer Marc Elias, have accused the USPS of yielding to pressure from President Trump. Elias stated that the USPS had "caved to Trump."
Should the rule take effect, the USPS would maintain data from the exterior of ballot envelopes, such as address and barcode information. However, postal workers would not be authorized to open sealed mail or collect party affiliation data, nor would they inspect ballot contents.
In June, USPS Postmaster General David Steiner defended the proposed changes, stating the Postal Service's goal was to ensure an accurate match between ballots a state believes it is sending and those that are actually dispatched. Conversely, many states and Democratic lawmakers have argued that the USPS lacks the authority to implement such changes, especially so close to an election, and that altering election rules at this juncture is inappropriate. The USPS indicated that the rule would help verify adherence to federal law and assist law enforcement investigations.