USPS Sets New Mail-In Voting Rules as Implementation Remains Blocked by Injunction

The United States Postal Service published a rule Friday tightening requirements for mail-in voting ahead of the upcoming midterm election, but said it will not implement the changes so long as an injunction blocking them remains in effect.

In the rule, the USPS states that it “will not take actions to implement the rule specifically for the 2026 election unless and until the government obtains relief from those injunctions.”

The agency said it issued the 95-page rule so that the Postal Service could implement the changes immediately if courts lift the preliminary injunction.

[RELATED: SCOTUS Clears Path for President Trump’s Mail-In Voting Executive Order Ahead of Midterm Elections]

Earlier this month, U.S. District Judge Indira Talwani ruled that Section 3 of President Donald Trump’s executive order could not be implemented for the November 3, 2026, election.

At issue in this case was Section 3 of the executive order, which directs USPS to establish a system that would prevent it from transmitting certain federal ballots unless the intended recipient was included on a state-submitted list.

The Postal Service would not be responsible for determining a person’s eligibility to vote in a federal election.

USPS would also have to maintain a Mail-In and Absentee Participation List of all individuals “enrolled” with the agency for mail-in or absentee ballots, along with the “unique ballot envelope identifiers” for any ballots sent.

Judge Talwani’s August 11 ruling, however, blocks implementation of Section 3 for the upcoming midterm election as the challenge continues to be litigated.

“That it is now less than 90 days before the November 3, 2026, midterm elections underscores the critical need for an injunction to prevent Defendants from changing election rules on the eve of the election,” she wrote.

According to Talwani’s analysis supporting the preliminary injunction, the executive branch “has no authority” under the U.S. Constitution to regulate elections as President Donald Trump sought to do in Section 3, because that responsibility is delegated to Congress and the states.

Talwani also found that the Postal Reorganization Act of 1970 “does not delegate to the USPS any specific authority regarding treatment of election mail.”

Twelve Republican-led states filed a notice of appeal shortly after the ruling was released.

Click Here to Read the Full August 11 Ruling

Although the United States Supreme Court ruled Monday that a separate challenge to the President’s executive order could not be litigated at this stage, clearing the way for its implementation, Talwani’s injunction blocking implementation of Section 3 remains in place.

Lifting Talwani’s preliminary injunction would require separate legal action before USPS could enforce the rules it developed under the President’s directive.