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Postal Service moves to finalize mail ballot regs before SCOTUS ruling

The U.S. Postal Service (USPS) announced late Friday night that it is finalizing new regulations concerning mail-in ballots for federal elections, despite multiple lower court rulings that have blocked the underlying executive order. The move comes as the White House appeals these decisions to the Supreme Court.

ZeroDay News ·

Source: CyberScoop

The U.S. Postal Service (USPS) announced late Friday night that it is finalizing new regulations concerning mail-in ballots for federal elections, despite multiple lower court rulings that have blocked the underlying executive order. The move comes as the White House appeals these decisions to the Supreme Court.

The proposed regulations stem from an executive order signed by President Donald Trump in March, which directed the USPS to establish federal standards for mail-in voter eligibility. The USPS stated that while it is finalizing the rules now, it will not implement them until the Supreme Court issues a ruling. However, the agency emphasized the need to proceed with finalization to ensure the changes could be in place for the November 3, 2026, general election.

The U.S. Constitution grants states and Congress the authority to regulate elections, a point highlighted by courts that have struck down the administration's order. The U.S. District Court of Massachusetts, for instance, recently issued a second injunction against the USPS rules in a lawsuit brought by states and voter groups, with Judge Indira Talwani stating that "the executive branch has no authority to regulate elections."

The USPS notice, posted to the Federal Register, indicated that the agency received approximately 200,000 public comments on the proposed rule. While not providing a breakdown of support versus opposition, the notice acknowledged that many supportive comments argued the rules would enhance public confidence and reduce uncertainty regarding voter fraud. The administration and its allies have frequently asserted, without credible evidence, that voter fraud by noncitizens, deceased individuals, and Democrats is widespread. These claims have been repeatedly debunked by courts, post-election audits, and independent experts.

Comments in opposition to the rule frequently cited the unconstitutionality findings by two courts that had already blocked the White House's order. Concerns were also raised that the USPS might reject ballots from states that do not comply with the new data-entry requirements. The USPS dismissed comments influenced by "partisan political speculation," including those about the order's intent, impact on voter turnout, or potential for voter suppression, labeling them as "speculative" and outside the scope of the proceeding. The agency asserted that the rule is not intended to facilitate voter suppression, affect election outcomes, or target specific demographics or states.

Voting rights organizations swiftly condemned the Friday night announcement, expressing concerns that it could confuse voters about election processes that remain under state jurisdiction. They stressed that for the 2026 election, voters should continue to rely on their state's established voting rules unless and until a court mandates otherwise. The groups urged continued vigilance to maintain trust in the election system amid ongoing efforts to centralize control over elections.

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