Comment on rule creating new federal standards for ballot mail (U.S. Postal Service)

As the United States Postal Service (USPS) proposes new federal standards for mail ballots, Public Rights Project and  35 local election officials filed a comment in opposition.

The rule expands USPS’s authority to reject or return ballots that otherwise comply with state law. For example, the rule requires new design standards for ballot mail envelopes that aren’t mandated by states. If those standards are not met, USPS will not deliver the ballot mail. In addition, the rule would require states to upload lists of mail voters to a new federal portal and allow USPS to block the delivery of ballots to voters who are not in the portal.

Our comment explains how the proposed rule is impractical and difficult to implement for local election officials in time for the 2026 general election. The key issues are:

• Lack of time to comply: With primaries already underway in many places and the general election quickly approaching, local election officials don’t have enough time to implement the significant changes this rule proposes.
• Increased costs: The potential costs of buying new machines, hiring additional staff, and reprinting envelopes come at a time when budgets for the year have already been set.
• Lack of clarity: Limited detail in the proposed rule makes it impossible for election officials to prepare in advance. For example, the proposed participation list may not allow for same-day mail voting. There are also no details on whether tribal addresses, college dorms, or long-term care facilities meet USPS criteria. The portal doesn’t exist yet, making it difficult for election officials to prepare.
  

What’s at stake
If a jurisdiction isn’t in compliance, voters will be disenfranchised through no fault of their own. In order to administer free and fair elections, officials will be forced to choose between reducing access to the ballot or facing penalties for breaking the law.

We urge USPS to rescind the proposed rule, provide more clarity and guidance, and reduce the penalties for noncompliance.

Read the comment.