USPS Issues Proposed Mail Voting Rules Pursuant to Trump Executive Order

Stephen Richer

On Friday morning (May 29), the United States Postal Service issued proposed mail voting rules in furtherance of President Trump’s second executive order on election administration (“Ensuring Citizenship Verification And Integrity In Federal Elections.”). That March 31, 2026, executive order faces multiple legal challenges, one of which it survived earlier this week because the judge ruled that the challenge was insufficiently ripe.

The proposed USPS rule envisions greatly expanded USPS involvement in mail voting. Previously, local election jurisdictions determined the eligibility of voters, kept lists of mail voters, designed the mail ballot packets, and simply used USPS as a reliable vendor for delivery and return. Under the proposed rules, however, the USPS will play a significant role in assessing validity of the mail ballot, finalizing the lists of mail voters, tracking each mail ballot, and designing the ballot envelope. Much of what the rule contemplates is already done by the vast majority of states and local jurisdictions. It just now adds a second layer of responsibilities for those actions. 

The proposed rule also asks USPS to step into some dicey territory. DMM 705.24.5 contemplates the USPS rejecting allegedly invalid returned mail ballots. Currently, the validity of each mail ballot packet is determined by state law implemented by the local jurisdiction. The proposed rule is concerningly vague on this front. What must USPS do if it rejects a mail ballot? Does it have to contact the voter? Does it have to contact the relevant election office? How quickly?

But the biggest question is, can USPS really shoulder this burden? The proposed rule does not apply to primaries (which is kind of weird) or UOCAVA voters (military and overseas). Even so, the general election is only five months away. And some states (e.g., Delaware and North Carolina) send out mail ballots 60 days ahead of Election Day. The proposed rule has a 30-day comment period, so it’s not even “go time” yet. That means USPS will have two months or less from when the rule goes into effect to when it needs to oversee its first mail ballots. 

That’s a lot. Count me as a skeptic. I don’t think the vote by mail infrastructure that states have cobbled together over many years can be reproduced in large part by the USPS in a matter of months.

Of course, all of this is moot if Trump’s executive order is eventually enjoined in relevant part.

Stay tuned. Never a dull moment in American election administration!