Postal Service moves to finalize mail ballot regs before SCOTUS ruling

The rules have already been rejected by multiple state courts, but the Trump administration said it’s preparing in case of a favorable Supreme Court decision.  

In a late Friday night posting to the Federal Register, the U.S. Postal Service said it is finalizing new regulations that would give the federal government potentially vast powers to control mail-in ballots for voters.

The changes are part of an executive order signed by President Donald Trump in March, which directed USPS to develop lists of residents “eligible” for mail-in voting — standards that would be defined by the federal government.

The U.S. Constitution vests states and Congress with the power to regulate elections, and the USPS rules have already been struck down by multiple lower courts. But as the White House appeals to the Supreme Court to reverse those decisions, it is still moving ahead in finalizing the regulations, though USPS says it will not move to implement them until after the Supreme Court rules.

But USPS said it must begin moving forward now in order to ensure the changes are in place by the mid-term elections.

“To ensure the faithful execution of federal law in connection with federal elections, this rule has an immediate effective date,” USPS wrote. “Delaying the effective date would jeopardize implementation of this rule in time for the 2026 general election, which will be held on November 3, 2026.”

According to the notice, USPS has received an astonishing 200,000 comments from the public in response to the proposed rule. It doesn’t provide a breakdown of how many comments were in support or opposition.

By the agency’s own admission, the vast majority of supportive comments appear to argue that the rules would help with the perception among voters that fraud is a “significant problem.”  Phrases like “strengthens confidence” and “reduce uncertainty” are peppered throughout the descriptions.

But no credible evidence of coordinated mail-in voter fraud is presented, and Trump and his allies have been the primary force in American politics spreading the perception that voter fraud by noncitizens, dead people and Democrats is rampant. Courts, post-election audits and independent experts have repeatedly debunked these arguments.

“Whether or not voter fraud is common or uncommon, the Postal Service has the legal authority to take the measures in this rule to facilitate enforcement of federal law, reduce the risk of fraud, and help protect the integrity of federal elections,” the notice stated.

According to the notice, the comments in opposition pointed out that two courts have already blocked the White House’s USPS rules, finding them unconstitutional. Others expressed concerns that the Postal Service “would refuse to accept certain ballots for federal elections that states tender without satisfying the data-entry obligations that the rule would impose,” echoing concerns that election experts have conveyed to CyberScoop in interviews.

The notice also dismisses comments “influenced by partisan political speculation,” that include “conjecture about the underlying intent” of the order, its impact on voter turnout and elections.

“Such remarks are speculative and exceed the scope of this proceeding,” USPS wrote in its notice. “In any event … this rule does not—nor is it intended to—facilitate any form of voter suppression, affect election outcomes, or target particular demographics, districts, or states.”

Last week the U.S. District Court of Massachusetts, which ruled against the administration’s USPS order in an ongoing lawsuit brought by states and voter groups, took the unusual step of issuing a second, separate injunction against the USPS rules. It’s not clear whether the Supreme Court will address both injunctions in the same ruling or separately ahead of election day in November.

“The court has already answered and will again resolve the question clearly and affirmatively,” Judge Indira Talwani wrote when issuing the second injunction. “The executive branch has no authority to regulate elections.”

Some voting groups quickly moved to condemn the Friday night posting, saying it will confuse voters about a state-led voting process that is, as of today, still the law of the land.

“For the 2026 election, voters can continue to rely on the voting rules established by their state unless and until a court orders otherwise,” said Michael McNulty, senior policy director at the nonprofit Issue One. “Yet, because the Trump administration continues its attempts to undermine trust in an effort to centralize control of elections, we all must remain vigilant and continue to build trust in our election system.”

Election official says Tina Peters would be consultant, won’t have access to election systems

Shasta County registrar Clint Curtis told CyberScoop he needs Peters to help manage the county’s 2026 elections and he’s not concerned about her past conviction.

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