mail-in ballot

SACRAMENTO — As Democratic leaders in California challenge President Trump’s latest effort to restrict the use of mail-in ballots, they also must grapple with a troubling development in the last election.

A significant number of mail-in ballots arrived too late to be counted in the Nov. 4 special election for Proposition 50, Gov. Gavin Newsom’s successful measure to reconfigure the state’s congressional districts, according to state data.

Ballots came in late at an average rate four times higher than that of the 2024 election, with rural counties seeing some of the biggest increases, according to a Times review.

“Something changed,” said Melvin E. Levey, who heads the Merced County Registrar of Voters. “We don’t like seeing late ballots and if someone has made the effort to vote, we want to count it.”

Merced saw almost a sevenfold increase in late-arriving mail ballots in the November election compared with the year before.

Vote-by-mail ballots are considered late if they are not postmarked on or ahead of election day or do not arrive within seven days of election day.

The issue appears to be linked to the U.S. Postal Service, which last year reduced the number of trips to pick up mail at post offices in mostly rural areas. Election officials warned before Nov. 4 that the Postal Service changes could delay the postmarking of ballots and lead to votes not being counted.

During the Nov. 4 election in California, an average of 8 out of every 1,000 vote-by-mail ballots were rejected by counties because they arrived too late, according to Secretary of State data. In the 2024 general election, which included the presidential race, an average of 2 of every 1,000 vote-by-mail ballots were rejected for being late.

In Kern County, for example, 3,303 mail-in ballots — or 1.95% of returned mail-in ballots — were not counted in the 2025 special election because they arrived too late. In 2024, that number was 332 — or 0.14%. And in Riverside County, 5,831 ballots — or 0.95% of those mailed in — were deemed too late to count, more than double the number of late ballots rejected in 2024.

Postal Service spokesperson Cathy Purcell recommended that voters mail their ballot a week in advance of when it must be received by election officials to ensure it arrives on time.

“You should never be mailing your ballot on election day,” Purcell told The Times.

Before last’s year’s special election, California Secretary of State Shirley Weber issued a similar warning about the delays. Anyone dropping off their ballot at a post office on election day should get it postmarked at the counter, she said.

“We don’t want anyone to just toss it into the mailbox as we have been able to do in the past and have it counted,” she said. “The Postal Service has said that they may not be counted in certain areas.”

California voter data expert Paul Mitchell expressed astonishment about the Postal Service’s guidance.

“We’ve had six, eight years of elections where people were feeling confident about mailing in their ballot,” said Mitchell, vice president of the voter data firm Political Data Inc. “Now the USPS is saying they have to mail it in a week early.”

“That is a dramatic change that can disenfranchise voters who are just following the same pattern that they’ve used in prior elections,” he added.

Democrats have been defending the vote-by-mail system in the face of Republican attacks. Trump recently signed an executive order to impose federal restrictions on mail-in ballots and, without evidence, has long criticized mail-in ballots as a source of fraud and a factor in his 2020 election loss to Joe Biden.

The Nov. 4 special election on Proposition 50 was the Democrats’ attempt to counter Trump’s push for Republican-led states, most notably Texas, to redraw their electoral maps to keep Democrats from gaining control of the U.S. House of Representatives in the 2026 midterms and upending his agenda. The ballot measure overwhelmingly passed.

Nearly 89% of votes in the Nov. 4 election were vote-by-mail ballots, according to Weber’s office. In addition to Proposition 50, tax measures were also on the ballots in some counties.

Postal Service changes

About a month before the Nov. 4 election, Weber and Atty. Gen. Rob Bonta held a news conference to encourage California voters to vote early because of service changes at the U.S. Postal Service.

Bonta told reporters that voters living 50 or more miles from six large mail processing centers in urban areas who mailed their ballots on election day would not have those ballots postmarked in time. The centers are in Los Angeles, Bell Gardens, San Diego, Santa Clarita, Richmond and West Sacramento, according to Bonta’s office.

The changes at the U.S. Postal Service are part of a 10-year plan that kicked off several years ago aimed at improving services and reducing costs at the independent federal agency.

In the 17 counties that are mostly or entirely within the 50-mile distance from the mail facilities, the average rate of late ballots doubled in the November 2025 election compared with the election the year before — from 2.5 per 1,000 ballots received in 2024 to 5.6 per 1,000 in 2025.

But in counties that are entirely or mostly outside of the 50-mile radius, the average rate of late ballots quadrupled — from 2 per 1,000 ballots received in 2024 to 9.3 per 1,000 in 2025, state election records show.

Similar complaints about late ballots because of the mail changes have been reported in other states, including in Snohomish County, Wash., according to the New York Times.

The U.S. Postal Services told the Times that there are “any number of factors” that may affect the timeliness of mail.

“The Postal Service has successfully delivered America’s election mail, and we are confident that we will do so again this year,” spokesperson Nikolaj Hagen said. “We rely on long-standing, robust and tested policies and procedures, which have proven successful in the secure and timely delivery of election mail.”

Hagen added that “adjustments to our transportation operations will result in some mailpieces not arriving at our originating processing facilities on the same day that they are mailed.”

Postmarks are generally applied at those processing facilities, Hagen said, so the postmark date may not reflect the date the mail was collected by a letter carrier, dropped off at a retail location, or placed in a collection box.

While the U.S. Postal Service uses postmarking as an internal tool to track the place and date the mail was accepted, outside entities also use the postmarks for their own purposes, including the Internal Revenue Service, which requires federal tax returns to be mailed by April 15.

Several U.S. senators, including Sen. Alex Padilla (D-Calif.), sent a letter in January to USPS Postmaster Gen. Dave Steiner warning that changes to postmarking will make it more difficult for people, particularly those in rural areas, to vote by mail and pay tax bills on time.

On Tuesday, Trump signed an executive order that seeks to put new federal controls on voting by mail in states, repeating his long-held but unsubstantiated claim that mail-in ballots are a source of widespread fraud in U.S. elections.

The order directs the U.S. Postal Service to take control of mail balloting by designing new envelopes with special bar codes that will allow the federal government to ensure that such ballots go out only to eligible voters.

States must follow the USPS process if they plan to use the federal mail system for sending or receiving ballots. They also must submit to the USPS lists of eligible voters in advance of such ballots passing through the mail system.

Separately, the Republican National Committee is challenging a Mississippi law that allows ballots that arrive up to five days after election day to be accepted and counted. The case was argued before the conservative-leaning U.S. Supreme Court in March.

Times staff reporter Kevin Rector contributed to this report.

President Trump signed an executive order Tuesday purporting to place new federal controls on voting by mail in states such as California, repeating his long-held but unsubstantiated claim that mail-in ballots are a source of widespread fraud in U.S. elections.

California leaders immediately responded with promises to fight the order in court. They said mail ballots are a safe and secure method for voting relied on by millions of Californians, that Trump’s order infringes on the state’s constitutional right to administer elections as it sees fit, and that it amounts to an “illegal power grab” ahead of midterm elections in which his party is poised to suffer substantial losses.

The order directs the United States Postal Service to take control of mail balloting by designing new envelopes with special bar codes that will allow the federal government to ensure that such ballots go out only to eligible voters, and that only eligible voters return such ballots.

It requires states to submit to the USPS process if they plan to use the federal mail system for sending or receiving ballots, and to submit to the USPS lists of eligible voters in advance of such ballots passing through the mail system.

It also requires the Department of Homeland Security, U.S. Citizenship and Immigration Services, and the Social Security Administration to “compile and transmit to the chief election official of each State a list of individuals confirmed to be United States citizens who will be above the age of 18 at the time of an upcoming Federal election and who maintain a residence in the subject State.”

Those lists will be drawn from federal citizenship and naturalization records, Social Security records and “other relevant Federal databases,” and the USPS will be barred from transmitting ballots that do not match those lists, the order says.

“Secure ballot envelope identifiers provide a reliable, auditable mechanism to enforce Federal law without unduly burdening or infringing on the rights of eligible voters,” the order reads. “Unique ballot envelope identifiers, such as bar codes, enable confirmation that only citizens receive and cast ballots, reducing the risk of fraud and protecting the integrity of Federal elections.”

Trump — who recently voted by mail himself in Florida — framed the order as a solution to “massive cheating” in U.S. elections currently, which he did not back up with evidence.

“The cheating on mail-in voting is legendary. It’s horrible what’s going on,” Trump said.

“He’s going to make sure that mail-in ballots are safe secure and accurate,” said Commerce Secretary Howard Lutnick, who appeared alongside Trump and whose agency the order requires to be involved in the coordination of the new voting measures.

California officials blasted the president for attacking and undermining election integrity, rather than shoring it up, and said they would fight the order from taking effect.

“President Trump’s Executive Order marks a dangerous and unprecedented escalation in his ongoing attacks on our elections. The power to regulate elections belongs to the States and to Congress — he has no role to play. We blocked his previous Executive Order on elections in court, and we are prepared to stop him again,” said California Atty. Gen. Rob Bonta.

“The reality is that President Trump and Congressional Republicans see the writing on the wall — that they are likely to lose in the upcoming midterms — and they are pushing to make it harder for people to vote,” Bonta added. “We won’t stand idly by.”

Sen. Alex Padilla (D-Calif.), in a statement to The Times, said Trump’s actions were “a clear and present threat to our democracy,” that he will “use every tool I can to stop him,” and that he expects “immediate legal challenges in order to protect our free and fair elections.”

“Instead of focusing on lowering the cost of energy, groceries, and health care, Donald Trump is desperately attempting to take over and rig our elections and avoid accountability in November. This executive order is a blatant, unconstitutional abuse of power,” said Padilla, the ranking Democrat on the Senate Committee on Rules and Administration.

“The President and the Department of Homeland Security have no authority to commandeer federal elections or direct the independent Postal Service to undermine mail and absentee voting that nearly 50 million Americans relied on in 2024,” he said. “A decade of lies about election fraud does not change the Constitution.”

“In the middle of an unauthorized war abroad and an escalating authoritarian crackdown by ICE here at home, Trump is attempting another illegal power grab,” Padilla said.

A vast majority of Californians vote by mail. In the state’s 2025 special election on Proposition 50, the state’s mid-decade redistricting measure, nearly 89% of votes were cast by mail, according to California Secretary of State Shirley Weber’s office — or nearly 10.3 million out of about 11.6 million votes cast.

Trump has long criticized mail-in ballots — without evidence — as a source of fraud and a factor in his losing the 2020 election to President Biden, which he still contends was illegitimate.

Election experts, voting rights advocates, local elections officials and other California leaders have all dismissed those claims as unfounded and inaccurate. They have also been preparing for Trump to act to curtail such voting.

Padilla previously warned colleagues that he would force a vote on any effort by Trump to declare a national emergency in order to seize control of this year’s midterm elections from the states, forcing them to either co-sign on the power grab or resist it.

Critics of mail ballots have also been actively working to end or curtail the practice. Just last week, the U.S. Supreme Court heard arguments in a case in which the Republican Party challenged a Mississippi law that allows ballots to be accepted and counted if they arrive up to five days after election day.

During those arguments, the court’s six conservatives sounded ready to rule that federal law requires ballots to be received by election day in order to be counted as legal.

Weber, California’s top elections official, has warned that attacks on mail-in voting risked undermining a system the state has spent years building around universal mail voting.

Trump’s executive order is the latest front in a years-long campaign he has led attacking the integrity of U.S. elections — which has contributed to a steep decline in voter trust in U.S. elections.

On Tuesday, Trump said his order was drafted by “great legal minds,” and will survive any legal challenges unless “rogue” judges rule against it inappropriately.

“We want to have honest voting in our country,” he said.

Rick Hasen, an election law expert and director of the Safeguarding Democracy Project at UCLA Law, argued otherwise in a post Tuesday, noting that an earlier executive order purporting to place new federal controls on elections was blocked in court, and “this one is likely to fare no better.”

“To put this in plain terms: the order would use the USPS, which is not under the direct control of the President, to interfere with a state’s lawful transmission of ballots. If the state does not comply with these rules, federal law would purport to interfere with a state’s conduct of its own elections,” Hasen wrote. “The President does not have the authority to do this.”