Postal

Sept. 3, 2026 9 AM PT

BOSTON — A federal judge in Boston said Thursday the U.S. Postal Service has told her nothing about how it would implement a plan to regulate mail ballots for the midterms as she considers whether to let the plan proceed in the weeks before Election Day.

U.S. District Court Judge Indira Talwani is deciding whether to extend her prohibition on the proposed regulation of mail ballots, an effort undertaken as part of an executive order by President Trump. The hearing in the closely watched case came a day before the first state begins sending mail ballots to voters.

“We are 70 days from the election and I have nothing from the USPS about how this will happen,” Talwani told Michael Velchik, the Justice Department lawyer representing the Postal Service.

Last week, Talwani imposed a 14-day temporary restraining order to keep it from being used. That order expires next week as more states begin sending out mail ballots. Velchik said the administration will most likely go to the Supreme Court by the end of the week to seek permission to resume implementing the plan.

Talwani has been here before. In June, she prohibited the administration from implementing Trump’s order for the November election, ruling the changes came too close to voting for the federal government to embark on such a project.

But the Supreme Court late last month ruled that Talwani’s order was premature because the Postal Service had not yet published regulations governing how it would apply Trump’s order. The agency did so just before the high court ruling came down, prompting Democrats and voting rights groups to swiftly re-file their lawsuits.

They counter that the president has no authority to set election rules, which is a power designated in the Constitution to the states and in some cases Congress.

They won an initial victory with Talwani’s restraining order, which has already been appealed by the administration.

Trump has long opposed mail voting and falsely blamed it for his 2020 election loss to Democrat Joe Biden, even though he often uses that method to cast his own ballot.

Election officials say there’s simply no way they can comply with the Postal Service directives, which could require a complete overhaul of their operations. Before it delivers mail ballots for any state, the Postal Service would have to approve the design of the envelopes that contain them and have the state upload a list of voters receiving them to an online portal.

Some ballots have already gone out. A few municipalities in Wisconsin opted to send mail ballots to voters earlier this week, but Friday marks the full kickoff of voting as North Carolina starts shipping its mail ballots to all voters who requested them.

The administration has contended the changes are relatively minor and legal. But the portal was still not active this week, and most election offices have already printed their envelopes and ballots.

Velchik told Talwani that the federal government is offering states the choice to opt into the system. But the Postal Service has yet to identify a single state that has done so.

A whistleblower report made public this week warns that the postal system’s requirements could lead to millions of mail ballots never being sent. The new rule requires all ballots to be physically brought to post offices before being mailed to voters, but if a single one’s bar code registers an error, the whole batch gets thrown out, even if it contains tens of thousands of legitimate ballots.

Riccardi and Casey write for the Associated Press. Riccardi reported from Denver.

The U.S. Postal Service is poised to launch a hastily built, error-riddled computer system that could jeopardize the process of mail voting relied upon by one-third of all voters, according to a whistleblower statement released Tuesday by Democratic Sen. Richard Blumenthal.

The effort is part of the implementation of President Trump’s executive order limiting mail voting and has been temporarily halted by a federal judge. The ruling is being appealed by the administration and the directive may ultimately end up back before the U.S. Supreme Court.

The disclosure from the unidentified whistleblower contends that the Postal Service has been scrambling to try to build a complex system that would normally take a year or more in only three months, sometimes in defiance of the judge’s orders halting work. The goal is to have it ready for use in the midterm elections.

The disclosure contends that, due to the new procedures, a single scanning error in a batch of tens of thousands of ballot envelopes could prevent any from reaching voters. It details a system that election officials have already warned could not be implemented before the first mail ballots begin going out Friday in North Carolina.

“The Postal Service has designed a system to disenfranchise millions of Americans,” Blumenthal told reporters in advance of releasing the whistleblower information. “This administration seems hell-bent on changing the framework on casting ballots in this country clearly for political reasons.”

Executive order is subject to furious court action with midterms nearing

Trump’s executive order, signed in March, directed U.S. Citizenship and Immigration Services and the commissioner of the Social Security Administration to develop state citizenship lists and then required the Postal Service to send mail ballots only to voters who are on such a list. Ballot envelopes would have to comply with new Postal Service rules and include bar codes.

The online portal that is the subject of the whistleblower complaint is intended for states to deliver their lists of verified voters to the Postal Service.

The Postal Service did not comment on Monday night. The White House did not immediately respond to a request for comment Tuesday. The White House has called the mail voting provisions “commonsense measures” necessary to combat fraud.

Trump has long opposed voting by mail, even though he has repeatedly used the method to cast his own ballot. He falsely blamed mail voting for his 2020 election loss and has spent years spreading conspiracy theories about it. A report by the Brookings Institution published in 2025 found that mail voting fraud occurred in only about four cases out of every 10 million mail ballots cast.

Since returning to office, Trump has said Republicans should be “taking over” vote counting in Democratic areas and launched a sweeping attempt to reinvestigate the 2020 election, despite a mountain of evidence that he lost fairly to Democrat Joe Biden.

Until Trump came out against mail voting in 2020, the system was used equally by both parties. Since then, it has become more common among Democratic voters. More than 29% of all voters in 2024 cast their ballots through the mail.

After Trump issued his executive order, Democrats and civil rights groups sued and eventually won a ruling from U.S. District Court Judge Indira Talwani in Boston barring implementation of the system before the November midterms. But without ruling on the legality of Trump’s order, the Supreme Court’s conservative majority last week found that was premature and overruled Talwani, momentarily clearing the way for its implementation.

On the night of Aug. 21, the Postal Service released a final rule outlining how it would implement the order.

It said it would only send mail ballots for states that got approval for the design of their envelopes and submitted a list of voters receiving them through the still-not-active online portal. That rule gave plaintiffs a chance to sue again, and Talwani on Thursday night issued a 14-day restraining order against implementation of the measure.

Whistleblower complaint says portal development is rushed and sloppy

The letter from Blumenthal and an accompanying summary of the whistleblower’s statements says the Postal Service began work on the portal on June 15 and stopped on June 25 after Talwani’s initial order. Then on July 29, the Postal Service restarted the work. That was when the administration appealed the judge’s order to the Supreme Court. The high court did not strike Talwani’s injunction down until Aug. 24.

Talwani last week found the Postal Service violated her order by continuing to work on the final rule, but she imposed no sanctions on the government. On Monday, she issued a ruling refusing to lift the restraining order that also said the Postal Service could continue work on its portal, as long as it wasn’t forcing states to use it.

In its summary of the whistleblower’s statement, the group Whistleblower Aid says the hurried construction of the portal, with a goal of being active on Tuesday, meant it did not undergo full testing.

“The apparently sloppy and rushed manner in which the Federal Ballot Mail Portal and supporting IT systems are being built poses significant risk,” the group wrote. “Potentially millions of American voters may not receive their mail-in ballot this election cycle in a timely manner, or at all.”

The statement also says the Postal Service is implementing a “zero percent” rule in which any errors in any mail ballots sent out by an election office could lead to all of them being discarded — even if it’s simply one problem amid tens of thousands of legitimate ballots.

The rule requires ballots to be handled in a physical post office by an election official. Those will then be scanned to ensure they match the voter database. During three layers of checks, a single apparent error could cause the whole batch to be rejected, the statement says.

Blumenthal said he has “a very strong hope and some faith that our system of justice will strike down this unconstitutional and unconscionable rule.” But, he added, if it somehow goes into effect for the midterms, he would not advise voting by mail.

Riccardi writes for the Associated Press. AP writer Lindsay Whitehurst contributed to this story.

California and a coalition of other Democratic-led states sued again Wednesday to block the U.S. Postal Service from implementing new nationwide rules for mail ballots, arguing they usurp state authority over elections at President Trump’s behest, expose voter information unnecessarily and threaten chaos in the rapidly approaching November election.

The Postal Service formally issued a 95-page “final rule” on Friday asserting that it was amending its mailing standards for mail ballots in federal elections to comply with Trump’s March executive order.

Trump demanded the rule changes as part of a broader plan to combat what he alleges — without evidence — is widespread voter fraud in the U.S., including by noncitizens voting through the mail. Election experts say there is zero evidence of such problems existing at scale.

“This mail-in voting rule is an unlawful overreach that shows just how far President Trump will go to control elections, but as I’ve said before, this fight is far from over and we are confident that the facts and the law are on our side,” California Atty. Gen. Rob Bonta said in a statement.

“Donald Trump does not run elections. States do. And his latest attack on democracy is proof of how weak he has become,” said Gov. Gavin Newsom. “California will continue to lead the way in defending democracy — using every tool at our disposal and every minute in our day. This perilous moment in history demands no less from us.”

The new postal rules require states to submit lists of eligible voters — including their names and addresses — to the Postal Service, and to use new ballot envelopes with digital barcodes that would allow the Postal Service to identify and reject ballots that don’t match those lists.

The rules do not give the Postal Service authority to dictate which voters may appear on state lists. However, the rules do acknowledge that the lists would provide state voter data to federal law enforcement for the first time, and would put those authorities in “a better position to identify any potential issues regarding compliance with federal law that may merit further investigation.”

Trump’s March executive order also required the Department of Homeland Security to use available federal data to compile its own state lists of eligible citizen voters, ostensibly to compare them with the mail voter lists provided by the states to the Postal Service, and identify and pursue any ineligible voters.

Wednesday’s lawsuit follows a Monday decision by the U.S. Supreme Court that found an earlier challenge from the states was premature, in part because it sought court relief to a rule-making process that required nothing of the states and before the Postal Service had moved to implement any changes.

“On Monday, the U.S. Supreme Court declined to fully close the door on the President’s attempt to interfere in our election administration. Today, we’re taking legal action to stop this unlawful rule in its tracks and ensure that voters can exercise their constitutional right to vote,” Bonta said.

The White House did not immediately respond Wednesday to a request for comment on the latest lawsuit.

However, it has defended Trump’s executive order as overdue and badly needed to secure U.S. elections, and hailed the Supreme Court’s ruling allowing the rule-making to proceed as “a major win for the security of American elections.”

“These are commonsense measures that protect the security of mail-in ballots and ensure only Americans are electing American leaders,” White House spokeswoman Lauren Bis said.

The high court allowed the Postal Service to move forward with its work to comply with Trump’s order, but explicitly noted that it had reached no conclusions as to the legality of the pending rules.

Trump administration officials have said they are pursuing fraudulent voters, and have warned state election officials that they could face legal consequences personally if they don’t do everything in their power to prevent voter fraud, including by noncitizens.

Critics contend Trump’s executive order was devised as an end run around laws and a slew of recent court rulings blocking the Trump administration’s demands for state voter rolls — which states, including California, have refused to provide.

States have argued the administration’s demands are in bad faith, intended to bolster Trump’s baseless claims that U.S. elections are compromised rather than enhance election security.

In issuing its new rules, the Postal Service rejected a slate of concerns from critics who submitted comments on the proposed rules, including that the changes are being proposed far too close to the November election and will cost states and localities a huge amount of money to comply with.

It also rejected concerns that creating a single nationwide voter database — which has never existed before — will provide a massive new target for foreign adversaries and other bad actors interested in disrupting U.S. elections.

The Postal Service concluded that the cost to the states is outweighed by the benefits of the changes. It said it has sufficient staffing to implement the changes, and is ready to safeguard the database it builds using “multi-layered security controls.”

The lawsuit, brought by 24 state attorneys general and the governor of Pennsylvania, asks for immediate court intervention to halt the Postal Service changes from being implemented while the litigation continues.

“Let’s be clear: the U.S. Constitution gives states the power to regulate elections — not the President and not USPS,” Bonta said. “Ballots are an extension of our voices and we’re asking the court to ensure that every person has the right to make theirs heard.”

Independent voting rights groups have also sued to block the Postal Service rules from being implemented.

Aug. 22 (UPI) — The United States Postal Service has prepared a final rule changing how mail voting is administered under an executive order issued by President Donald Trump despite a pair of court injunctions against it, documents show.

An unpublished version of the rule was entered into the Federal Register late on Friday, indicating the USPS intends to press ahead with implementation of a measure the administration says is necessary to prevent fraud in mail-in voting — a popular method of casting ballots that Trump has called “inherently corrupt.”

But critics contend actual fraud in mail-in voting is exceedingly rare and have denounced the measure as one of the most serious attempts by the administration to federalize control of elections in violation of the U.S. Constitution, which reserves such power for the states.

A federal judge 10 days ago expanded an earlier injunction against Trump’s executive order, under which the USPS would be required to decide who will get mail-in ballots.

The injunction blocked it from implementing Section 3 of the order for this year’s midterm elections, which most polls shows will likely favor Democratic congressional candidates.

Despite the court rulings, USPS promulgated the final rule with Friday’s filing, thus making it available to be officially published in the Federal Register on Wednesday. After that it would theoretically take effect immediately, even though it will be blocked for this year’s midterm elections unless a court decides otherwise.

The current filing is an amended version of the initial proposal which received more than 200,000 comments during its review phase.

Trump signed the order on March 31 directing the Department of Homeland Security to build a list of citizens from federal data, which would then be sent to state election officials.

The USPS would then only send absentee or mail-in ballots to people it has determined are eligible to vote, and the U.S. Attorney General would investigate and prosecute election officials who issue federal ballots to those ineligible to vote.

Twenty-three mostly Democratic-led states sued to block the order and U.S. District Judge Indira Talwani agreed with the plaintiffs.

The administration appealed the decision and failed. It appealed again on July 27 to the Supreme Court, which has yet to make a ruling.

“Yesterday’s new mail-in voting rule is an attempt to weaponize USPS as part of the Trump administration’s efforts to take over elections,” Michael McNulty of the bipartisan political reform group Issue One said in a statement issued Saturday.

“If it holds up in court, it would mean postal workers shift from neutral transporters of a state-led process to a federal gatekeeper of states’ outbound mail ballots — requiring states to provide USPS with voter-level ballot information and giving USPS authority to reject ballots that do not meet the new federal requirements.”

He dismissed Trump’s oft-stated concerns about voter fraud as “tired, debunked conspiracy theories to justify gaining control over secure, verified, and effective methods of voting, including mail-in voting, to tilt the playing field” in favor of Republican candidates.