A proposed USPS rule—unveiled on June 2, 2026—stemmed from a March 31, 2026, Executive Order (“Ensuring Citizenship Verification and Integrity in Federal Election“). The order sought to significantly expand the role of the USPS by requiring states to submit lists of approved mail-in voters to a federal database. Under the proposed rule, the USPS would refuse to deliver mail ballots to anyone not on those lists.
The comments were due by July 2nd. USPS reported a record number of comments were received, the most ever topping the number of comments that came in with the last service change.
There have been several legal developments that now look like they may prevent USPS from moving forward with a final rule, which the White House EO had required be done by July 29th, 2026.
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- A coalition of 23 Democratic-led states (including the District of Columbia) had filed a major lawsuit to block the Trump administration’s executive order and the resulting U.S. The Postal Service (USPS) proposed rule aimed at restricting mail-in ballots.
- On June 26th the judge declared the executive orders primary provisions “legally void”. This ruling initially blocked the order across the 23 Democratic-led states involved in the challenge.
- The case is now before the 1st U.S. Circuit Court of Appeals. The government is arguing that the executive branch possesses the inherent authority to regulate federal agencies (like the USPS) to ensure the security of federal elections.
- Earlier this month a D.C. Circuit judge ruled that the USPS’s proposed rulemaking violated a binding 2021 settlement agreement between the NAACP and the USPS.
- In that agreement, the USPS legally committed to prioritizing the timely monitoring and delivery of election-related mail through 2028. The court agreed with the NAACP that refusing to deliver ballots without specific barcodes or pre-approved voter lists directly violates that mandate.
- The DOJ is appealing this decision to the U.S. Court of Appeals for the D.C. Circuit. The administration’s legal team is arguing that a 2021 civil settlement cannot indefinitely bind a future administration from executing newly issued executive orders or adapting to updated election integrity mandates.
- The USPS represented by the DOJ filed for an immediate stay, laying out specific operational reasons as to why it needs the block lifted immediately if they are to be able to comply with the WH EO.
- July 29, 2026: The absolute deadline for the USPS to publish its final rule.
- August 5, 2026: The deadline for states to officially notify the USPS of their intent to use mail-in ballots.
- September 4, 2026: The deadline for the Department of Homeland Security (DHS) and states to transmit voter lists.
- The USPS argued that the voting rights groups’ fears of “voter disenfranchisement” are legally irrelevant to the postal service itself. The agency claimed that any potential issues regarding citizenship verification or delayed lists fall under the purview of the Department of Homeland Security (DHS) and the Social Security Administration (SSA), not the mail carrier. Therefore, the USPS argues it shouldn’t be penalized with an injunction for policies governed by other departments.
With the DOJ’s emergency stay requests officially filed on behalf of the USPS, the entire fate of the election mail rule hinges on a tight regulatory and judicial timeline.
Next steps will be the decisions on the emergency stays from the 1st Circuit and D.C. Circuit Court of Appeals expected very shortly before the end of July.
- If BOTH Circuits Deny the Stays: The nationwide injunctions remain firmly in place. The USPS is legally prohibited from finalizing or enforcing the rule.
- If BOTH Circuits Grant the Stays: The blocks would be temporarily lifted while the full, longer appeals process plays out. This would give the USPS a green light to instantly publish its final rule and resume building the database portal.
- If the Circuits Split: If one circuit grants a stay but the other denies it, the nationwide freeze from the D.C. case remains active.
Most likely this will ultimately play out in the Supreme Court.
USPS Election Readiness
While it is still questionable if USPS will be moving forward with the Federal Ballot Mail Portal initiative to receive and compile the state absentee and mail-in ballot lists, they are still preparing for the midterm election season.
Every federal election cycle the USPS makes efforts across the nation to inform local and state election officials about mailing procedures, their operational standards, and their recommended best practices for utilizing the mail. They have a full department dedicated to these efforts; Election & Government Mail Service.
The Kit 600; The official election mail guide has been updated for the 2026-2027 election cycle. The guide covers multiple topics;
- Updated Pub 631, Official Election Mail – Graphic Guidelines and Logos & Pub 632
- State and Local Election Mail – User’s Guide
- STID Finder Tool
- Election Mail & Ballot Mail Checkbox
- NEW Postmarking DMM Update
- Pull Out Postmarking Fact Sheet
- Contact Information for MCRs and MDAs
- Strengthened Definition of election official use for the OEM Logo
- USPIS Fact Sheet
- Service Standard Update
Understanding the postmark processes and changes now from the Regional Transportation Optimization (RTO) initiative is vital to getting your ballot cancelled with the right dates.
They have created a Fact Sheet for Election Mail to help communicate the postmark rules.
Political Mail
Political Mail is different from Election Mail. Political Mail may be sent from a political candidate, federal, state or local campaign committee, or political party, whereas Official Election Mail is any item mailed to and from authorized election officials that enables citizens to vote. Examples of Official Election Mail include ballot materials, voter registration cards, absentee ballot applications, and polling place notifications.
In addition to the guidelines provided in Kit 600 USPS has launched web support of information on how to prepare political mail sharing sample postcards with links to getting mailpiece design information and tips on how to address, and drop off political mail with online reporting forms.
