Shawn Griffiths
Less than two months away from Election Day, there is still a great deal of uncertainty around what absentee and mail-in voting is going to look like going into November.
When IVN last examined President Trump’s order to change how the USPS handles mail ballots, the Supreme Court (SCOTUS) just stayed one lower-court injunction, while another order still prevented the final postal rules from taking effect.
Yet in only a couple of weeks, much has changed.
USPS published its final rule on August 26. A federal judge blocked its mandatory provisions on September 4. The Trump administration filed a fresh emergency petition with SCOTUS for temporary relief on September 6.
Meanwhile, North Carolina has already begun mailing ballots.
Not sure what all is happening on this issue? Or having trouble keeping up with this quickly evolving story? Here are 7 things voters should know as of September 8, including that the new USPS rule is not yet legally enforceable.
1. The USPS Rule Is Now Real — But Much Narrower Than Trump’s Executive Order
Trump’s March 31 executive order directed USPS to develop national standards for mail ballots, including state-provided lists and unique ballot identifiers.
The final rule adopted by the Postal Service requires election officials sending federal-election ballots through USPS to use specified envelope designs, automation-compatible mailpieces, and unique Intelligent Mail barcodes.
Officials would also upload each ballot recipient’s name, address and associated barcodes to a USPS portal.
Here is what has changed from IVN’s original reporting:
Initially, it was believed that if a ballot failed to meet the new requirements, that ballot would be returned to the elections office. However, a whistleblower leak revealed that the USPS could refuse an entire batch of federal ballots if a single one has a problem.
This means one ballot could prevent several ballots deemed in compliance by the USPS from being delivered to voters.
2. USPS Does Not Decide Whether You Are Eligible to Vote
Under the final rule, state and local election officials — not USPS — determine who is eligible to vote and who receives a mail ballot. Voters would not enroll themselves with USPS.
The agency cannot refuse to send a ballot to an otherwise eligible voter. It can only return ballots to the appropriate elections office for technical issues in relation to its rule.
USPS also says it would not open ballots, check party affiliation, or determine whether a completed ballot should be counted.
Does this absolutely guarantee zero shenanigans on the part of postal workers? No. But if there are any issues receiving a ballot, a voter can contact their county’s elections office.
Further, the verification process does not apply to returned ballots once they are in the mailstream. A returned ballot should be delivered straight to the appropriate elections office without interruption.
The rule’s primary enforcement point is therefore when election officials send ballots to voters, not when voters send completed ballots back.
3. A Federal Judge Says USPS Likely Crossed from Regulating Mail Into Regulating Elections
On September 4, US District Judge Indira Talwani—who has been at the center of the legal side of this matter—issued a preliminary injunction blocking the mandatory portions of the rule through the November 3 election.
It is worth noting all of the injunctions in relation to this case have come from Talwani.
She concluded that the USPS requirements regulate the manner of elections, authority that is primarily granted to the states under Article I of the US Constitution even for federal elections.
Congress may alter those rules, but only in certain situations.
Talwani noted that Congress never delegated its Elections Clause authority to USPS and separately found the agency likely exceeded its statutory postal authority.
4. The Trump Administration Says This Is a Mail Rule, Not an Election Rule
In the Administration’s latest Supreme Court filing, Solicitor General D. John Sauer calls the postal policy a “lawful and modest” exercise of powers Congress gave USPS under federal postal law.
The government argues states still control voter eligibility, ballot deadlines, and vote counting. USPS is simply regulating how election mail enters the federal mail system.
Trump framed his March executive order around election integrity, saying while signing it that the administration wanted to stop what he described as widespread cheating.
Postmaster General David Steiner said Friday that USPS believes it acted within its authority and emphasized that voter information in the portal would come entirely from states, without USPS changing or questioning their lists.
5. Election Officials Say Timing Could Make Compliance Impossible
Talwani’s ruling says election officials in roughly half the states and Washington, D.C., submitted evidence that complying with the USPS rule this close before the midterms would likely be impossible.
North Carolina began mailing approximately 260,000 ballots on September 4. Washington expects about 5.1 million and reported that some printing vendors could not redo ballot envelopes on the required timeline.
Wisconsin’s election commission chair said ensuring every absentee voter was entered into the USPS system would be “virtually impossible.”
A whistleblower separately alleged development of the portal was rushed and inadequately tested. USPS says the concerns were taken seriously but says its quality, security, and testing standards were not compromised.
6. The Supreme Court Has Not Ruled That Trump’s Policy Is Constitutional
On August 24, the Supreme Court stayed an earlier injunction because the states’ original challenge was premature. When that lawsuit was filed, USPS had not yet issued a final rule, so the court found the alleged injury too speculative.
The Court did not decide whether the eventual USPS rule was lawful.
Once USPS finalized the rule, states and voting-rights groups challenged the actual policy. Talwani’s September 4 injunction addresses that final rule.
The administration then filed a new Supreme Court application Sunday seeking to lift the injunction.
7. So, What Is Actually in Effect Right Now?
As of September 8, USPS cannot make its new requirements for absentee and mail-in ballots mandatory for the November 3 election.
States may voluntarily participate in parts of the system when consistent with state law. Voters themselves do not have to register with USPS, submit information to a federal portal, or change how they request a mail ballot.
The Trump administration’s newest Supreme Court application remains pending. Justice Ketanji Brown Jackson has ordered opponents to respond by 4 p.m. EDT on September 9.
That means the legal situation will likely change again soon.
For now, though, voters should follow the mail-voting rules provided by their state and local election officials. The new mandatory USPS system is not currently controlling how November ballots are sent.