The United States Postal Service (USPS) has published a rule that would mandate states provide the agency with lists of voters who received mail-in ballots. This finalized rule, first proposed in June, aims to align USPS procedures with an executive order issued by President Donald Trump on March 31.
The executive order requires states intending to use USPS for sending mail-in ballots 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 a mail-in ballot no less than 60 days prior to the election.
According to the new USPS rule, states must ensure that individuals receiving mail-in ballots are enrolled on the state's Mail-In and Absentee Participation List. For an individual to be included on this list, the state must submit their name and address to USPS. Additionally, the state must include a "uniquely serialized Intelligent Mail barcode (IMb)" on both the outbound federal ballot and the return ballot sent to the voter.
However, the rule's implementation is currently blocked by a federal injunction. U.S. District Court Judge Indira Talwani issued a preliminary injunction in June against the executive order, ruling that two sections, including the one pertaining to USPS and mail-in ballots, were unconstitutional. This injunction was renewed in July, preventing USPS from enacting the rule.
The USPS rule was officially published on August 26 and would only take effect for upcoming elections if the federal court lifts its injunction on the executive order. The Trump administration, in its opposition to the injunction's renewal, argued that judicial review was premature and that plaintiffs could not demonstrate harm until the rule takes effect. The Department of Justice's Civil Division stated that concerns were based on possible future government actions rather than concrete injury.
When the rule was initially proposed in June, then-USPS Postmaster General David Steiner defended it, stating that the goal was to ensure "we match the ballots that a state believes they're sending out to what actually gets sent out." A White House spokesperson indicated that the administration would continue to "lawfully enacting the agenda President Trump was elected to enact – which includes the safety and security of American elections."