The U.S. Postal Service has finalized new requirements for states using mail-in ballots in federal elections, including submission of voter names and addresses and unique tracking barcodes, although federal court injunctions currently prevent the agency from implementing the rules for the Nov. 3 midterms.
By yourNEWS Media Newsroom
The U.S. Postal Service has finalized new requirements governing mail-in and absentee ballots in federal elections, establishing a system under which states would submit information about voters receiving ballots and use unique postal barcodes to track outgoing and returning election mail.
The 95-page final rule was released Friday, but implementation remains blocked by federal court injunctions.
“Any state that intends to receive mail-in or absentee ballots from individual voters through the Postal Service must ensure that such individuals have been enrolled with the Postal Service for inclusion on the state’s Mail-In and Absentee Participation List,” USPS said.
Under the new system, state election officials would submit each participating voter’s name and address through an online Postal Service portal.
Officials would also provide unique Intelligent Mail barcodes assigned separately to the envelope used to send the ballot to the voter and the envelope used to return the completed ballot.
Before accepting outbound federal ballot mailings, USPS would review them to determine whether the envelopes meet the new postal standards and whether they are addressed to voters enrolled through the agency’s Mail-In and Absentee Participation List.
Mailings that fail to meet those requirements would not be accepted. Instead, they would be returned to the authorized ballot mailer so the problem could be corrected.
The rule establishes additional standards for ballot envelopes.
Outbound federal election mail would have to display the official “Election Mail” logo, use a format compatible with Postal Service automation equipment and include its unique barcode.
USPS said the system would not permit postal employees to inspect the contents of ballots or open mail that is sealed against inspection.
The agency also said it would not collect or record voters’ political party affiliations.
Information maintained by USPS would instead come from the exterior of ballot mail, including mailing addresses and barcode data.
The regulations originated with President Donald Trump’s March 31 executive order addressing election administration and mail voting in federal elections.
The order directed USPS to develop new procedures covering mail-in and absentee ballots and contemplated requiring states to notify the Postal Service at least 90 days before an election if they intended to use USPS for voting by mail.
Under that framework, states would also indicate whether they planned to provide voter information at least 60 days before Election Day.
The final rule modifies those timelines.
The 90-day advance notification is optional rather than mandatory.
States would generally be expected to submit voter information at least 30 days before a federal election, “to the extent practicable,” or by the date state law allows mail-in or absentee ballots to begin being sent.
Election officials could continue adding voters or modifying existing records after that point.
USPS lists Aug. 21 as the rule’s effective date, with formal publication in the Federal Register scheduled for Aug. 26.
The practical effect of that date remains limited because federal courts have prohibited implementation of the relevant provisions.
USPS said it will not attempt to enforce the requirements during the Nov. 3 midterm elections unless the injunctions are lifted.
The litigation centers on two cases before U.S. District Judge Indira Talwani in Massachusetts.
On June 25, Talwani ruled in favor of 23 states and the District of Columbia in their challenge to portions of Trump’s executive order.
She blocked the Postal Service’s mail-ballot provisions from being implemented in those jurisdictions for federal elections through Nov. 3.
A broader ruling followed Aug. 11.
Talwani issued a preliminary injunction in a separate lawsuit brought by the League of Women Voters of Massachusetts and other advocacy organizations, preventing USPS from enforcing the ballot-mail provisions nationwide for the Nov. 3 election and any earlier federal election.
That injunction also bars the Postal Service from refusing to process mail-in or absentee ballots because they do not comply with the disputed requirements.
Postmaster General David Steiner has argued that the rules are intended to improve the efficiency and security of ballot handling rather than affect political outcomes.
During testimony before the Senate Homeland Security and Governmental Affairs Committee in June, when the rule was still in proposed form, Steiner said the goal was to “match the ballots that a state believes they’re sending out to what actually gets sent out.”
“To me, it’s not a political question; it’s a question of how do we most efficiently and securely move ballots,” Steiner said.
“We’ve been recommending this for many years; all this does is make it a requirement.”
Despite the injunctions, USPS said it chose to complete and publish the regulation so it could move quickly if the federal government succeeds in obtaining relief from the courts before ballots are mailed.
“If the government obtains timely relief from the injunctions,” USPS said, immediate implementation would provide election administrators with as much time as possible to adapt to the new procedures.
Unless the court orders change, however, the Postal Service will remain barred from enforcing the new voter-list, barcode and ballot-mail requirements for the Nov. 3 federal midterm elections.
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