The rule was designed to comply with President Donald Trump’s executive order from March 31. It directs the Department of Homeland Security, in coordination with the Social Security Administration, to compile and send lists of adult citizens in each state. Separately, it directs USPS to establish state-specific lists of people to whom election officials intend to send mail-in or absentee ballots, along with unique ballot-envelope identifiers.
Read More: Trump’s Order Restricting Mail-In Voting Rebuked by States
A coalition of 23 states, along with the District of Columbia, filed a lawsuit on April 3 seeking to block Trump’s executive order, arguing that the President does not have the authority to dictate state voting practices.
What the August Injunction Covers
Voting-rights groups brought a separate lawsuit against the Trump Administration on April 2, claiming the executive order was unconstitutional, “dangerous,” and could disenfranchise eligible voters. It resulted in the August injunction, which bars USPS from implementing, enforcing, or giving effect to the executive order’s mail-voting provisions for any elections ahead of or on Nov. 3. It also prohibits USPS from completing the specified rulemaking for those elections.
Critics of the executive order have echoed that concern, saying that the Trump Administration is looking to force federal oversight on elections even though the duty is enshrined to states and Congress in the Constitution.
McNulty argues that the rule would shift postal workers “from neutral transporters of a state-led process to a federal gatekeeper of states’ outbound mail ballots.”
“Rather, they regulate the use of the mail to improve operational efficiency and support the faithful execution of federal law,” it says within the rule.
Voting-rights groups challenge the USPS mail-in ballot rule
USPS acknowledged that it would not implement the final rule for the 2026 election unless the government obtains relief from both injunctions. However, the coalition argued that USPS issued the rule in violation of the Aug. 11 injunction, without seeking a stay or filing an appeal.
“Enforcement of the court’s preliminary injunction is necessary to hold this administration accountable for its unlawful action and make clear that voters can confidently cast their mail ballot free from federal interference this November,” said a statement on behalf of the plaintiffs, which includes the League of Women Voters, Association of Americans Resident Overseas, and the U.S. Vote Foundation.
TIME has reached out to USPS for comment.
But unless the Aug. 11 injunction is separately stayed or lifted, or the Supreme Court expressly addresses it, it continues to bar USPS from implementing its new rule for the midterm elections.
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