US Postal Service rule on voter data advances despite court blocks

The U.S. Postal Service is preparing to finalize a rule that imposes new requirements on states regarding voter information, even as federal courts have issued orders blocking these changes. The rule, scheduled for publication next week, acknowledges existing injunctions from courts in California and Massachusetts that prevent the USPS from proceeding with the measures.

These changes are based on a March executive order signed by Donald Trump. The order requires states to provide the U.S. Department of Homeland Security and other agencies with access to voter lists. Furthermore, states must adopt new balloting procedures. If states fail to comply, the USPS would refuse to deliver mail-in ballots. The federal government has already initiated lawsuits against 30 states and Washington D.C. for refusing to submit lists of eligible voters.

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If the government obtains timely relief from the injunctions, implementation immediately thereafter will provide election officials as much time as possible before the next election to comply with the rule’s preparation standards for Federal Ballot Mail envelopes, and to prepare to submit data to the Federal Ballot Mail Portal (‘Portal’), before the mail-in and absentee ballots subject to this rule are mailed (which generally occurs in September or thereafter, as determined by state law).

Despite the legal challenges, the Trump administration is actively pursuing its agenda to limit mail-in voting. The USPS has indicated that it is prepared to implement the new restrictions on mail-in voting immediately should the court injunctions be lifted. The postal service stated that this would allow election officials as much time as possible to comply with the rule's standards for ballot envelopes and data submission to the Federal Ballot Mail Portal.

Mail-in voting was used by nearly one in three Americans in 2024. President Trump, who has expressed a desire to restrict mail-in ballots, signed the executive order in March. This order prohibits the USPS from delivering ballots to voters not included on a federal list of eligible citizens compiled by the Department of Homeland Security. The USPS proposal specifically seeks to require states to provide the postal service with names and barcodes linked to mail-in ballots for federal elections. During the public comment period, the service received over 200,000 responses to its proposed rule change. Notably, President Trump himself voted by mail in Florida's Republican primary earlier this year.

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The Portal will become active (along with the verification process that relies on Portal data) at the time of the publication of the system of records (‘SOR’) governing the Portal.