The U.S. Postal Service published a final rule late Friday to tighten mail-in voting requirements ahead of the November congressional elections, acting despite a federal court order blocking the changes from taking effect.
U.S. District Judge Indira Talwani in Boston issued an injunction last week prohibiting the USPS from adopting the rules. The court order specifically cited President Donald Trump's mandate for the changes.
Trump signed an executive order in March initiating the push for stricter mail-in voting rules. The president has long called for tighter ballot-by-mail regulations, often citing unsubstantiated claims that voter fraud influenced his 2020 election defeat.
The 95-page rule outlines new standards states must meet for ballot delivery. Under the requirements, states must provide the USPS with lists of voters who received mailed ballots, along with voter names and unique barcodes tied to mail-in ballots for federal elections. These barcodes must appear on both outbound and return ballot envelopes. States that fail to comply would see the USPS decline to deliver their ballots.
The rule specifies that USPS will not collect or record party affiliation from ballots. Postal workers are not authorized to open mail sealed against inspection, and the agency will not inspect ballot contents. However, USPS will maintain data from envelope exteriors, including address and barcode information. The agency said these measures "will help determine adherence to federal law and facilitate law enforcement efforts."
Postmaster General David Steiner defended the plan in June, saying the Postal Service is ensuring "we match the ballots that a state believes they're sending out to what actually gets sent out."
USPS stated it issued the final rule to ensure it could take immediate effect for the upcoming election should a court lift its injunctions. The rule will be formally published Aug. 26.
Many states and Democrats in Congress have opposed the rule, arguing the USPS lacks the authority to implement such changes. They also contend that the timing is too close to the November elections for drastic alterations to voting procedures.
Democratic election lawyer Marc Elias said the regulation shows the USPS has "caved to Trump," questioning its legal rationale.
Despite publication, USPS will take no action to implement the rule unless a court lifts the existing injunction. The USPS declined to comment, citing ongoing litigation. The White House did not immediately respond.
