The United States Postal Service (USPS) has finalized a rule that would mandate states provide lists of individuals who received mail-in ballots. This action aligns the agency with a March 31 executive order from President Donald Trump.
The rule, initially proposed on June 2, requires states intending to use USPS for mail-in ballot delivery to notify the agency at least 90 days before an election. It also stipulates that states must send USPS a list of eligible voters who will receive mail-in ballots at least 60 days prior to the election.
According to the new rule, for an individual to be included on a state's "Mail-In and Absentee Participation List," the state must submit the individual's name and address to USPS. This submission must also include a "uniquely serialized Intelligent Mail barcode (IMb)" on both the outgoing federal ballot and the return ballot.
However, the finalized rule cannot take effect as long as a federal injunction against the March executive order remains in place. U.S. District Court Judge Indira Talwani, appointed by former President Barack Obama, issued a preliminary injunction in June, ruling that parts of the executive order, including the sections pertaining to USPS and mail-in ballots, were unconstitutional. In July, she renewed this injunction, preventing USPS from implementing the rule.
The USPS plans to officially publish the finalized rule on August 26. It would only become effective for the upcoming midterm elections if the federal court lifts its injunction on the executive order.
The Trump administration has argued against the injunction, contending that judicial review was premature. In an objection filed by the Department of Justice's Civil Rights Division, the administration stated that plaintiffs could not demonstrate any specific harm from the proposed policy until it was enacted.
USPS Postmaster General David Steiner previously defended the rule, stating in June that it aimed to ensure "we match the ballots that a state believes they’re sending out to what actually gets sent out." A White House spokesperson also affirmed the administration's commitment to "lawfully enacting the agenda President Trump was elected to enact – which includes the safety and security of American elections."