Postal Service moves ahead with mail ballot rule amid court battle

WASHINGTON — With just over two months until the November midterms, a federal district judge in Massachusetts is chastising the Trump administration for sowing confusion and “creating” an emergency by noticing a rule Friday that the U.S. Postal Service will eventually require federally regulated mail-in ballot voting envelopes and state data.

A 95-page notice alerting that the final rule would appear in the Federal Register on Aug. 26 outlined justifications for federal requirements on states to redesign ballot envelopes and provide a list of recipient names and addresses to USPS. The final rule became effective Friday, according to the document.

The final rule runs contrary to U.S. District Judge Indira Talwani’s Aug. 11 preliminary injunction barring the federal government from changing states’ mail-in voting rules prior to the Nov. 3 midterm elections, the judge wrote in a brief order on the docket Sunday. 

“Defendants did not file an appeal and did not seek, let alone obtain, a stay of the preliminary injunction,” Talwani wrote. “Nonetheless, on August 21, 2026, USPS issued its Final Rule, with an anticipated publication date in the Federal Register of August 26, 2026.” 

Talwani was appointed to the bench by President Barack Obama in 2013 and unanimously confirmed by the Senate the following year. 

Effective date delayed

The rule includes a provision that it will not be in effect for this year’s midterm elections if Talwani’s injunction is still in place, but the judge said it would still create significant confusion for voters.

The Trump administration asserted the rule would “have no effect on the rules themselves while the injunctions are in place, while ignoring the confusion that the publication will engender,” Talwani wrote.

It’s unclear what effect the final rule will have on the active litigation on the issue.

The federal government had appealed Talwani’s injunction because, it argued, Trump’s order could not be challenged until an agency published a final rule.

Groups want quick order 

The voting rights advocacy groups, led by the League of Women Voters of Massachusetts, who sued President Donald Trump and administration officials over a March executive order overhauling mail-in voting procedures swiftly filed an emergency motion Saturday. 

They urged Talwani to quickly enforce her injunction, and to order expedited responses from the administration, citing “immediate, ongoing, irreparable harm caused by Defendants’ violation of the preliminary injunction, and in light of these fast-approaching dates.”

“There are now only 73 days before the November 2026 election, and far fewer before mail ballots begin to go out,” they wrote.

The Trump administration appealed to the U.S. Supreme Court in late July a similar district court ruling against its mail-in voting restrictions order in a case brought by nearly two dozen Democrat-led states.

The states argued that the federal government has no constitutional role in election administration, that the executive order unfairly limited vote-by-mail, which some states use exclusively, and that an overhaul of ballot requirements this close to an election was unworkable. 

High court appeal

In a supplemental brief filed to the Supreme Court justices Monday, U.S. Solicitor General D. John Sauer said the USPS’s rule issuance “underscores the need for relief from the district court’s improper, unripe injunction.”

“The Postal Service’s final rule imposes only modest requirements for preparation and envelope design for federal ballot mail — requirements that fall well within its traditional authorities to impose mailing standards for particularly sensitive types of mail,” wrote Sauer, who formerly worked as Trump’s personal defense attorney. 

Democratic officials in 23 states — California, Massachusetts, Nevada, Washington, Arizona, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Wisconsin and Pennsylvania — and the District of Columbia brought the suit challenging the executive order. 

Twelve states with Republican attorneys general — Alabama, Missouri, Florida, Indiana, Kansas, Louisiana, Montana, Nebraska, Oklahoma, South Carolina, South Dakota and Texas — joined the appeal to the Supreme Court on the federal government’s side.