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The United States Postal Service (USPS) published a rule Friday that would require states to provide lists of voters who received mail-in ballots to the agency.
The USPS rule, first proposed on June 2, moves to align the agency with President Donald Trump’s March 31 executive order, which, among other things, ordered the agency to mandate that all states that plan to use USPS to send mail-in ballots notify the agency at least 90 days before an election and to send USPS a list of eligible voters the state plans on providing a mail-in ballot to at least 60 days before the election.
“Any state that intends to receive mail-in or absentee ballots from individual voters through the Postal Service must ensure that such individuals have been enrolled with the Postal Service for inclusion on the state’s Mail-In and Absentee Participation List,” the new rule reads.
In order for an individual to be included on the list, their state must submit to the USPS the individual’s name and address and include a “uniquely serialized Intelligent Mail barcode (IMb)” on both the outbound federal ballot and the return ballot sent to the individual.
DHS PLANS COSTLY CRACKDOWN ON STATES THAT DON’T COOPERATE ON ELECTION SECURITY
An absentee ballot for the 2020 U.S. election. A federal judge on Tuesday blocked the U.S. Postal Service from implementing part of President Donald Trump’s executive order tightening mail-in voting rules ahead of the 2026 midterm elections. (Caroline Brehman/CQ-Roll Call, Inc via Getty Images, File)
The finalized rule, however, cannot go into effect under an outstanding federal injunction against Trump’s March executive order.
U.S. District Court Judge Indira Talwani, who was nominated by former President Barack Obama, issued an initial preliminary injunction against the executive order in June, ruling that two sections – including the section pertaining to USPS and mail-in ballots – were unconstitutional.
In July, siding with the plaintiffs in League of Women Voters of Massachusetts v. Trump, Talwani renewed the injunction, barring the USPS from enacting the rule.
DHS APPROVES PLAN TO VERIFY VOTER CITIZENSHIP, MONITOR MAIL BALLOTS AS TRUMP PUSH INTENSIFIES
Attorney Indira Talwani testifies during her confirmation hearing before the Senate Judiciary Committee on Jan. 8, 2014, on Capitol Hill in Washington, D.C. Talwani was nominated by President Barack Obama to become U.S. District Judge for the District of Massachusetts. (Alex Wong/Getty Images)
The rule, which USPS will officially publish on Aug. 26, would only take effect for the upcoming midterm elections if a federal court lifted its injunction on Trump’s executive order.
In a filed opposition to the renewal of the injunction, the Trump administration argued that the judicial review was premature under the ripeness doctrine, claiming that the plaintiffs cannot demonstrate any harm from the proposed law until it takes effect.
“Plaintiffs cannot demonstrate they suffer any particularized injury from ongoing policymaking deliberations within the Executive Branch. Instead, their concern is with possible ‘action that the [government] might take in the future,’ the objection, filed by the U.S. Department of Justice’s (DOJ) Civil Rights Division, read.
USPS Postmaster General David Steiner defended the rule when it was first proposed in June, arguing that the USPS is making sure “we match the ballots that a state believes they’re sending out to what actually gets sent out.”
US President Donald Trump displays a signed executive order in the Oval Office of the White House in Washington, DC, US, on Tuesday, March 31, 2026. Trump signed an executive order Tuesday intended to make it harder for voters to cast mail-in ballots, escalating his long-running campaign against a practice used by millions of Americans. (Aaron Schwartz/CNP/Bloomberg via Getty Images)
USPS WOULDN’T DELIVER BALLOTS IN STATES THAT REFUSE TO FORK OVER MAIL-IN VOTER INFO UNDER PROPOSED RULE
After the most recent injunction was issued, White House spokesperson Lauren Bis said, “The entire Trump Administration will continue lawfully enacting the agenda President Trump was elected to enact – which includes the safety and security of American elections.”
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Fox News Digital contacted the White House, the DOJ, USPS and the U.S. District Court for Massachusetts for further comment.
Reuters and The Associated Press contributed to this report.
