Key facts
- The U.S. Postal Service has published a final rule to tighten mail-in voting requirements.
- The rule stipulates that USPS would refuse to deliver ballots in states that do not comply with new standards.
- The rule is intended to take effect immediately if federal courts lift existing injunctions.
- A federal judge previously blocked parts of President Donald Trump's executive order on mail-in voting.
- The judge ruled the executive branch lacks the authority to regulate elections, a state responsibility.
The U.S. Postal Service has issued a final rule to tighten requirements for mail-in voting, which is set to take effect if federal courts lift existing injunctions. The 95-page rule, published Friday, details new eligibility guidelines for mail-in ballots and resembles a March executive order from President Trump that was later blocked by a federal judge.
U.S. District Judge Indira Talwani ruled that the executive branch lacks the authority to regulate elections, a responsibility constitutionally assigned to individual states. She argued that implementing the order would create unnecessary confusion and chaos ahead of the November midterm elections. The judge's decision expanded upon an earlier order that prevented the administration from enforcing the executive order in 23 states.
Despite the judicial block, the USPS published the rule so it can be implemented immediately if injunctions are lifted. White House spokesperson Lauren Bis stated the administration will continue to enact President Trump's agenda, including election security. Trump has been a vocal critic of mail-in ballots, citing unproven claims of widespread voter fraud. He also criticized a Supreme Court decision allowing mail-in ballots postmarked by Election Day to be counted if they arrive afterward.
According to a U.S. Election Assistance Commission report, mail-in ballots accounted for 30.3 percent of votes cast in the 2024 general election, a figure well above pre-pandemic levels. Trump has not ruled out declaring a national emergency if the Senate does not pass the Safeguard American Voter Eligibility (SAVE America) Act, which would require proof of citizenship to register to vote and a photo ID at the polls.