USPS Issues Mail-In Voting Rules, Awaiting Court Approval

The U.S. Postal Service has published a final rule aimed at tightening requirements for mail-in voting, with the intention that it could take immediate effect should courts lift existing injunctions. The 95-page rule, released late Friday, stipulates that USPS would refuse to deliver ballots in states that do not comply with its new standards.

This action comes despite a federal judge's earlier ruling in August that blocked the USPS from implementing parts of President Donald Trump's executive order designed to increase scrutiny on mail-in voting ahead of the November congressional elections. U.S. District Judge Indira Talwani in Boston stated that the executive branch of the federal government does not possess the authority to regulate elections, a responsibility constitutionally assigned to individual states.

Talwani's decision expanded upon a June order that had already prevented the administration from enforcing the executive order in 23 predominantly Democratic-led states. Voting rights groups, represented by the ACLU, had urged the judge to issue a nationwide injunction. The judge noted that the executive order was causing confusion and eroding trust in democracy, emphasizing that enfranchisement significantly outweighed the executive's attempt to intervene in election regulation.

The Trump administration has sought review from the U.S. Supreme Court to stay Talwani's earlier decision, arguing that the states' legal challenge was premature as agencies had not finalized implementation plans. A federal court in Washington, D.C., had previously declined to block the executive order, deeming it premature before the USPS issued its rule, a decision later affirmed by an appeals court. Talwani, however, found the case ripe for decision given the USPS's proposed rule and the proximity of the election.