24 States Sue to Block USPS Final Rule on Mail-In Ballots Ahead of Midterms
A coalition of 24 states and the District of Columbia has filed a federal lawsuit to halt a new U.S. Postal Service rule that requires states to submit voter lists to the agency before mail-in ballots can be delivered.
By Javier Cruz
- State Election Officials & Allied Press
- Argue the rule is an unconstitutional federal overreach that creates impossible logistical hurdles just weeks before an election.
- The Trump Administration & Allied Press
- Argues the rule is a necessary security measure to prevent voter fraud and ensure only eligible citizens receive mail-in ballots.
- Voting Rights Advocates
- Argue the rule is designed to manufacture chaos and suppress voter turnout by intercepting legally cast ballots over administrative technicalities.
- Neutral Legal & Political Observers
- Focus on the procedural timeline of the courts and the logistical realities of implementing the rule so close to Election Day.
Key terms
- Mail-In and Absentee Participation List
- A federally mandated registry created by the new USPS rule, containing the names and addresses of voters approved to receive mail-in ballots.
- Intelligent Mail Barcode
- A trackable digital barcode required on all mail-in ballot envelopes under the new rule, allowing the USPS to scan and verify each piece of election mail.
- Injunction
- A court order that temporarily or permanently halts a specific action or policy while a legal challenge is resolved.
- Ripeness
- A legal doctrine requiring that a dispute has developed into an actual controversy before a court will hear it; the Supreme Court cited this when dismissing the states' initial lawsuit before the USPS rule was finalized.
Key points
- A coalition of 24 states and Washington, D.C., has filed a federal lawsuit to block a new USPS rule regulating mail-in ballots.
- The finalized rule requires states to submit the names and addresses of all mail-in voters to a federal portal.
- The Postal Service will only deliver ballots to voters on the approved list and requires new trackable barcodes on all envelopes.
- State officials argue the rule is an unconstitutional federal overreach that creates impossible logistical hurdles weeks before the midterms.
- The Trump administration defends the policy as a necessary security measure to prevent voter fraud and track ballot custody.
- The lawsuit follows a Supreme Court decision that lifted an earlier injunction on procedural grounds, clearing the way for the rule's publication.
A coalition of 24 states and the District of Columbia filed a federal lawsuit on Wednesday seeking to block a newly finalized United States Postal Service rule that imposes strict federal requirements on mail-in voting. The legal challenge, spearheaded by Democratic attorneys general, asks a federal judge in Massachusetts to immediately halt the policy just weeks before ballots are scheduled to be mailed to voters for the 2026 midterm elections.[1][2]
The dispute centers on a 95-page final rule published by the Postal Service on August 21, which formally implements an executive order signed by President Donald Trump in March. The administration has framed the overhaul as a necessary safeguard to strengthen election integrity, while state officials contend it is an unconstitutional power grab designed to suppress voter turnout.[2][4]
Under the new regulation, state and local election officials are required to submit the names and addresses of all intended mail-in ballot recipients to a newly created federal portal. The Postal Service will use this data to generate state-specific "Mail-In and Absentee Participation Lists."[1][4]
The mechanism of enforcement represents an unprecedented shift in federal election administration. The Postal Service has stated it will only deliver ballots to voters who appear on these federally approved lists. Any ballot mailed to or from a voter missing from the registry risks being intercepted and rejected by the postal system, regardless of whether the voter is fully registered and eligible under state law.[2][6]
Furthermore, the rule mandates specific design elements for all mail-in ballot envelopes, including the use of trackable federal barcodes. States must submit their envelope designs to the Postal Service for pre-approval. Ballots mailed in non-conforming envelopes will not be processed.[3][4]
The coalition of states argues that these requirements violate the U.S. Constitution, which explicitly delegates the authority to administer elections to the states, not the executive branch. In their filing, the attorneys general assert that the Postal Service is displacing state laws and erecting ballot constraints that conflict with federal voting rights statutes.[1][2]
The coalition of states argues that these requirements violate the U.S.
Beyond the constitutional arguments, state officials warn of an impending logistical catastrophe. Redesigning ballot envelopes, securing federal approval, and building secure data-transmission systems to sync local voter rolls with a federal portal cannot be accomplished in the compressed window before the November midterms. Election directors argue that forcing these changes now guarantees widespread confusion and the disenfranchisement of eligible voters.[1][6]
The White House has strongly defended the Postal Service's actions. Administration spokespeople describe the rule as a commonsense measure to ensure that only eligible American citizens participate in federal elections. By creating a transparent chain of custody for mail-in ballots, the administration argues, law enforcement and election officials will be better equipped to audit results and identify anomalies.[1][4]
That law enforcement component has raised separate alarms among privacy advocates. The Postal Service rule acknowledges that the newly compiled voter lists will be shared with federal authorities to help identify potential compliance issues that may merit further investigation. Critics argue this exposes sensitive voter data unnecessarily and could be used to intimidate marginalized communities.[2][4]
Wednesday's lawsuit is the latest maneuver in a convoluted legal battle that has raged since the spring. Several of the states involved in the current litigation previously sued to block the president's underlying executive order, successfully securing a preliminary injunction from a federal district court that temporarily froze the administration's plans.[1][5]
However, the Supreme Court intervened on Monday, lifting that injunction in a 6-3 decision. The high court's ruling rested entirely on procedural grounds; the conservative majority concluded that the states had sued too early because the Postal Service had not yet published its final rule, meaning the states could not yet prove they had been harmed.[1][3][5]
The justices explicitly noted that their decision did not validate the legality of the president's order or the impending postal regulations, writing that "time will tell" whether the government's measures are lawful. That narrow ruling cleared the way for the Postal Service to finalize the rule, which in turn provided the states with the concrete finalized policy they needed to file Wednesday's renewed challenge.[1][5]
The states are not fighting the rule alone. A coalition of voting rights organizations, including the American Civil Liberties Union and the League of Women Voters, simultaneously supplemented their own ongoing lawsuits this week to target the finalized postal regulations. These groups argue that the administration is manufacturing chaos by design, treating voters as collateral damage in a partisan dispute over election access.[7]
With the midterm elections rapidly approaching and early voting set to begin in several jurisdictions, the federal courts face immense pressure to rule quickly. Judges must now determine whether to freeze the Postal Service's regulations and preserve the existing vote-by-mail infrastructure, or allow the federal government to assume its new gatekeeping role over the delivery of American ballots.[2][3]
Frequently asked
Does this rule change who is eligible to vote?
No. Voter eligibility is still determined by state law. However, the rule allows the USPS to refuse delivery of a ballot if the voter's information has not been successfully transmitted to the federal portal by state officials.
Do voters need to take any extra steps to get their ballot?
Not directly. The burden of compliance falls on state and local election officials, who must submit voter lists and redesign envelopes. However, voters could be affected if their state fails to meet the federal requirements in time.
Why did the Supreme Court allow the rule to proceed?
The Supreme Court ruled on procedural grounds, stating that the states had sued too early because the USPS had not yet published its final rule. The justices did not rule on whether the policy itself is constitutional.
What happens if a state refuses to comply?
Under the finalized rule, the Postal Service has stated it will not process or deliver mail-in ballots in states that do not submit their voter lists or use the federally approved envelope designs.
Sources
[1]CBS NewsNeutral Legal & Political Observers24 states sue to block new Postal Service rules for mail voting ahead of midterms
Read on CBS News →
[2]Los Angeles TimesState Election Officials & Allied PressCalifornia and other Democratic-led states sued again Wednesday to block the U.S. Postal Service from implementing new nationwide rules for mail ballots
Read on Los Angeles Times →
[3]ForbesNeutral Legal & Political ObserversControversial New USPS Mail-In Ballot Rule Can Take Effect—For Now—Judge Rules
Read on Forbes →
[4]Washington ExaminerThe Trump Administration & Allied PressA coalition of 24 Democrat-led states and the District of Columbia sued the U.S. Postal Service on Wednesday
Read on Washington Examiner →
[5]VotebeatNeutral Legal & Political ObserversThe U.S. Supreme Court on Monday lifted one of two injunctions against President Donald Trump's executive order restricting mail voting
Read on Votebeat →
[6]Maryland Office of the Attorney GeneralState Election Officials & Allied PressLawsuit Seeks to Block Unconstitutional USPS Rule that Directs States to Overhaul Vote-by-Mail Procedures
Read on Maryland Office of the Attorney General →
[7]American Civil Liberties UnionVoting Rights AdvocatesVoting rights organizations today supplemented the complaint in their lawsuit challenging President Trump's executive order
Read on American Civil Liberties Union →
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