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New York state Attorney General Letitia James Wednesday joined 23 other attorneys general and the governor of Pennsylvania in suing the U.S. Postal Service (USPS) to stop a new rule that gives the agency unprecedented control over mail voting in federal elections, just weeks before ballots go out for the November midterms.
The rule, finalized at President Trump's direction, forces states to hand over lists of every eligible mail voter to USPS and requires federal pre-approval of ballot envelope designs. Any ballot mailed to or by a voter missing from the federal list, or using an envelope USPS hasn't approved, could be rejected and not delivered, regardless of whether that voter is fully eligible and registered under state law.
"Across the country, states are already deep into preparations for the 2026 elections. Now, at the last moment, the federal government is attempting to meddle in those preparations and potentially threaten countless Americans' right to vote," said Attorney General James. "The USPS has no authority to decide who can and cannot vote by mail. This new policy will just create confusion, unnecessary costs, and unacceptable risks for voters going into Election Day, and my office is going to court to stop it."
On Monday, the U.S. Supreme Court stayed a lower court's ruling against key portions of the president's underlying executive order, which directed USPS to promulgate this rule. Now that USPS has finalized the rule, states have just weeks to comply before the midterm elections in November. Election officials will have to redesign ballot envelopes, obtain federal approval, and establish entirely new systems to transmit voter lists to USPS, all while preparing to mail ballots to millions of Americans. If states or local election officials cannot comply in time, eligible voters could be prevented from receiving or returning their ballots.
The rule requires states to provide USPS with lists of voters seeking to vote by mail. It also imposes new federal requirements for ballot envelopes, including unique Intelligent Mail barcodes, and requires states to submit ballot envelope designs to USPS for review and approval. Under the rule, USPS could refuse to deliver ballots associated with voters who are not on the lists or that fail to comply with the agency's new requirements regarding envelopes.
The rule comes at a particularly critical moment for state election officials. States and localities have already been preparing for the November 2026 general election and, in many cases, have designed and purchased ballot envelopes based on existing USPS guidance. The new requirements could force election officials to purchase new envelopes and equipment, establish new systems for submitting and updating voter information, and train staff - imposing significant costs and administrative burdens with the election just weeks away.
The USPS processed nearly 100 million ballots during the 2024 general election, and approximately 30 percent of voters nationwide voted by mail.