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International Business Times UK
International Business Times UK
World
Aiza Moraña

USPS Advances Trump's Mail Voting Crackdown With No Congressional Authorisation in Sight

The US Postal Service has unveiled a proposed overhaul of how mail-in voting will be handled nationwide ahead of the 2026 midterms. On Friday, the independent agency released a draft rule that would restrict mail ballots to voters registered directly with the federal government. The plan represents a significant departure from current practice and has been described as a potential 'game changer' by election observers.

This new policy is a major step towards implementing a highly controversial executive order that President Donald Trump signed in March. Critics and legal experts argue that the order sidesteps the usual lawmaking process and does not have the required congressional authorisation. They also say it hands an unusual level of control to the federal government in an area that individual states have historically managed.

How Federal Oversight Could Reshape The 2026 Midterms

Under these new rules, state election officials would face tougher operational requirements. Local administrators would be required to provide the postal service with a full list of every citizen who requests an absentee or mail-in ballot.

This initial documentation must be submitted at least 30 days before state-level distribution is scheduled to begin under local laws. However, the proposal includes a caveat allowing officials to make supplemental updates to this list up to the final day ballots can legally be posted.

If an eligible voter does not appear on these federally compiled registers, the postal agency will refuse to deliver their ballot. This mechanism aligns with the directives issued in the executive order earlier this year. The mandate instructs the postal system to rely solely on verification databases maintained by federal entities, creating what opponents label a 'crackdown'.

Legal Challenges Fail to Halt Executive Orders on Ballots

The timing of this regulatory announcement follows closely on key developments in the federal courts. A federal judge presiding over one of the lawsuits challenging the executive action recently declined to issue an injunction to block the policy.

The court reasoned that federal departments had not yet initiated formal steps to enact the directives, making an immediate block premature.

After that decision, the postal authority moved to formulate and advance its operational roadmap. Even though there are several lawsuits already in motion, the lack of an immediate court order means the agency can proceed with its plans.

Legal experts note that these court battles often take a long time to resolve, so the rule can take effect in the meantime, creating what some call a 'legal grey area'.

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Constitutional Concerns Over State Election Powers

Pushing these postal measures through without broader agreement has drawn criticism from constitutional experts and civil rights groups. Legal scholars point out that the US Constitution assigns responsibility for running elections to individual state governments. They argue that creating a national standard of this scale requires clear legislative approval from Congress, which they say is missing here.

Voting rights groups warn that even with the allowance for supplemental updates, the 30-day initial window could exclude significant numbers of voters because of the logistical challenges it creates for local clerks.

They claim the policy is an attempt to restrict access and remove local control over election administration, labelling it a 'power grab'. Analysts suggest reviewing the latest proposed rule updates that track federal election policy for further detail on the dispute.

Uncertain Legal Future For Federal Voter Lists

With the formal publication date approaching next week, debates over whether this federal list requirement is lawful are expected to intensify. The combination of federal orders, pending lawsuits and strict state election deadlines suggests that mail-in voting will remain a closely contested issue.

Ultimately, whether these rules remain in place will depend on how federal courts rule in the ongoing constitutional challenges.

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