USPS issues final rule to withhold mail ballots from states refusing federal voter data demands

Final rule issued under court hold

The United States Postal Service published a 95-page final rule late on 21 August 2026, establishing conditions for delivering mail-in ballots ahead of the November congressional midterm elections. The regulations follow an executive order signed by President Donald Trump in March, which sought to restrict mail voting procedures and compile state voter lists. While two federal court injunctions in California and Massachusetts currently block the measures, the agency posted the text to ensure immediate activation if the Supreme Court dissolves the stays.

The Justice Department confirmed in a Supreme Court filing that federal authorities will not enforce the rule without high court authorization. Justice Department litigation continues against 30 states and Washington DC for refusing to turn over voter registration records to federal officials.

New requirements for state election officials

Under the finalized framework, the Postal Service will decline to distribute or deliver mail-in ballots in jurisdictions that do not provide federal agencies with voter information. State election authorities must transmit voter files to the Department of Homeland Security and related agencies through a newly established Federal Ballot Mail Portal. Additionally, states must redesign ballot return envelopes to incorporate specific tracking barcodes and verify that individual recipients are enrolled in the federal postal registry before envelopes enter the mail stream.

The Postal Service defended the measure in the regulatory text as an administrative necessity to ensure compliance with federal standards.

These requirements do not amount to election administration, nor do they usurp state resources. Rather, they regulate the use of the mail to improve operational efficiency and support the faithful execution of federal law.

Legal disputes and political background

Opponents of the regulation state that the US Constitution assigns election administration to state governments rather than federal agencies. Critics argue that the agency could withhold ballots in non-compliant states and restrict access for voters who rely on postal voting, a method used by nearly one in three voters during the 2024 general election.

Trump has repeatedly questioned the integrity of mail-in voting, asserting that the method is vulnerable to fraud and accusing California of cheating in its primary races earlier this year. However, Trump has continued to vote by mail himself, including in the Florida primary election held earlier this month. In March, Trump told Republican lawmakers that strict voter identification rules and restrictions on mail voting would aid his party during the midterm campaign.

Implementation schedule

The agency text specifies that if the court injunctions are lifted, the Federal Ballot Mail Portal will activate alongside its governing system of records notice. Mail-in ballots are scheduled for dispatch to voters starting in September under respective state election calendars.

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).

A Postal Service spokesman declined to comment on Friday, citing ongoing litigation. The Supreme Court is reviewing the matter and could issue a ruling ahead of the November vote.