USPS Can Now Implement New Mail Ballot Rules For 2026 Election
Supreme Court Lifts Injunction, District Judge Follows; But New State Challenges Expected To Final Rule
WASHINGTON, DC — The U.S. Postal Service will not implement new Ballot Mail regulations as long as challenges remain in the courts, it states in its Final Rule filing for the new Ballot Mail For Federal Elections.
But that was conditioned on two cases it has since prevailed on — so now the USPS can implement the new mail ballot rules.
Will it? Or will new legal challenges to the Final Rule stop them first?
In the Final Rule the USPS states: “Given injunctions currently in place in State of California v. Trump, No. 26-cv-11581 (D. Mass. June 25, 2026), and League of Women Voters of Massachusetts v. Trump, No. 26-cv-11549 (D. Mass. Aug. 11, 2026), the Postal Service will not take actions to implement the rule specifically for the 2026 election unless and until the government obtains relief from those injunctions.”
“If the government obtains timely relief from the injunctions, implementation immediately thereafter will provide election officials as much time as possible before the next election to comply with the rule’s preparation standards for Federal Ballot Mail envelopes, and to prepare to submit data to the Federal Ballot Mail Portal (“Portal”), before the mail-in and absentee ballots subject to this rule are mailed (which generally occurs in September or thereafter, as determined by state law).
Click for Final Rule – Ballot Mail For Federal Elections
The Final Rule took effect August 21, 2026.
On Monday August 24, the U.S. Supreme Court lifted an injunction on President Trump’s executive order tightening mailing regulations for mail ballots (absentee and VBM). The court did not rule on the legality of the new regulations. Instead, it lifted the injunction because it was premature — concrete harm had not been established.
In its ruling, the Supreme Court stated: “The President recently issued an Executive Order regarding election integrity. A group of States sued the Government in the District of Massachusetts, contending that the Order unconstitutionally infringes on their authority to administer elections. The District Court agreed and enjoined the Government from implementing the Order. In doing so, the District Court rejected the Government’s argument that it lacked jurisdiction over the States’ claims because the States lack standing to bring them. The Government has asked us to stay the injunction, arguing that it is likely to succeed on the merits of its jurisdictional argument, that the injunction is causing it irreparable harm, and that the equities do not favor leaving the injunction in place while
the Government’s appeal is pending. We agree and grant the stay.” Click for complete ruling.
Separately, in League of Women Voters of Massachusetts v. Trump, No. 26-cv-11549, the judge ruled on Tuesday the USPS “violated the court’s Preliminary Injunction but imposes no remedy other than identifying the violation.” Click for complete ruling. On Wednesday, the judge lifted the injunction following the Supreme’s Court’s lead.
This story is being updated as developments arise. Please check back for latest.
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