The United States Postal Service has proposed new rules that would bar the agency from processing mail-in or absentee ballots from voters who were not on a new state-specific list of voters eligible to receive the ballots. States would be required to provide the Postal Service with the names and addresses of voters receiving mail‑in or absentee ballots, along with unique barcodes for their ballot envelopes, at least 30 days before ballots are mailed under state law. As proposed, the rules would apply to ballots issued for the Nov. 3 midterm federal elections.
The proposed notice of rulemaking published in the Federal Register June 2 would also create standards for the design of outbound and return ballot envelopes that require the placement of a unique barcode on each envelope that identifies the voter. The barcodes would be used to track which eligible voters receive mail-in ballots and which voters returned completed ballots. The USPS would provide each state’s chief election officer with participation lists for their state and the barcodes associated with each individual’s ballot.
The Postal Service’s proposed rules were issued in response to President Donald Trump’s March 31 Executive Order 14399, Ensuring Citizenship Verification and Integrity in Federal Elections. Among other things, the executive order specifies that the Postal Service must not transmit mail-in or absentee ballots unless the voter has been included on a state-specific voter list maintained by the agency.
The proposed rules would apply to the direct election of federal officials and not primary elections, which involve political parties nominating individuals to run for office. The rules would also not apply to state or local elections.
Executive Order Faces Legal Challenges
The executive order has been challenged in federal court by a coalition of voting rights organizations, which argue that the U.S. Constitution specifies that only Congress and the states can set election rules. The organizations contend that the Postal Service should not be deciding who is eligible to cast a mail-in ballot. Similar legal challenges are expected in response to the proposed Postal Service rule. The proposed Postal Service rules also raise questions regarding whether the agency has the resources to implement them in time for the fall federal elections.
The Postal Service contends the proposed rules would apply uniform standards to the mailing of absentee ballots to and from voters, which will facilitate the execution of federal law. The Postal Service points out that under the proposed rules, the states would retain full control over which voters are eligible to vote by mail in federal elections and the agency would not change any voter information it receives.
State Reporting of Mail-In Voters
According to the proposed rules, any state planning on using mail-in voting would need to verify that any individuals receiving a ballot are registered in the state’s mail-in and absentee ballot participation list. The states would also include the bar codes that would be used to identify ballots mailed to voters and completed ballots submitted by the voters. The proposed rules describe a Postal Service federal ballot mail portal for accessing the ballot participation lists, but provide little information as to how the lists would operate.
On or about election day, the Postal Service would provide state election officials with a state-specific mail-in and absentee participation list. The list would include the name and address of each individual, along with the unique mailing barcodes for each voter. This would allow election officials to see which voters were sent ballots and which barcoded envelopes were processed
Certification of Mailed Ballots
Under the proposed rules, the Postal Service would be required to review mailings identified as outbound federal ballot mail that is sent to voters to verify that the recipient is included on the state’s mail-in and absentee ballot participation list. Mailings that are not addressed to individuals included on the Postal Service’s ballot list would not be accepted and returned to the ballot mailer. The Postal Service would not be responsible for any delays caused by the rejection of a ballot mailing.
While they would be identified and tracked using barcodes, there is no requirement that the Postal Service review the mailing of completed ballots in the proposed rules.
Postal Service Seeks Comments
The Postal Service is seeking public comments on the proposed rules governing the mailing of federal election ballots. The 30-day comment period ends July 2. Those wishing to submit comments may email them to PCFederalRegister@usps.gov, with a subject line of “Ballot Mail.” They may also be mailed to Director, Product Classification, U.S. Postal Service, 475 L’Enfant Plaza SW, Room 4446, Washington, DC 20260-5015.
