Postal Service Proposes Rule to Enforce Trump Mail-In Voting Order, Requiring States to Submit Voter Lists
Why It Matters
The U.S. Postal Service has taken its first concrete step toward implementing President Donald Trump’s executive order on mail-in voting, proposing a rule that would require states to hand over voter lists before federal mail delivery of ballots can proceed. The move affects every state that relies on mail-in voting — including Washington, one of the nation’s most prominent all-mail election states — and comes ahead of November’s midterm elections.
What Happened
On May 29, the Postal Service filed a proposed rule with the Federal Register designed to carry out Trump’s March 31 executive order directing the postmaster general to restrict how ballots are mailed to voters. Under the proposal, states would be required to submit voter lists to the Postal Service before mail ballots could be sent out, effectively giving the federal government access to state voter data as a condition of mail ballot delivery.
The proposed rule softens some elements of the original order. It exempts overseas and military voters, who are governed by existing federal law setting strict ballot mailing deadlines. It also carves out primary elections, with the Postal Service noting that primaries involve party processes rather than the direct election of federal officials.
The Postal Service stated that the proposal would create uniform standards for absentee ballot mailing and would generate data available to law enforcement. The rule is scheduled for formal publication on June 2 — the same day a federal court in Massachusetts will hold a hearing in one of at least five active lawsuits challenging the executive order.
By the Numbers
- 5+ active lawsuits challenging Trump’s mail-in voting executive order
- March 31 — date Trump signed the original executive order
- June 2 — scheduled date for the rule’s formal publication and a Massachusetts court hearing
- 1 federal judge has already declined to block the order, citing limited implementation steps at the time of the ruling
Zoom Out
Washington State, which conducts elections almost entirely by mail, stands among the states most directly affected by this rule. Democratic officials in Washington and across the country have condemned the executive order as federal overreach into constitutionally protected state authority over elections. Critics argue the Constitution assigns election administration to the states, with Congress — not the executive branch — holding authority to regulate federal elections.
Trump and administration officials have framed the order as a safeguard against noncitizen voting, though verified instances of that offense are extremely rare. Supporters of the order argue it adds a layer of verification to a process that has expanded significantly in recent election cycles.
Opponents contend that requiring states to submit voter rolls to a federal agency before ballots can be mailed represents an unprecedented intrusion. Cliff Albright, co-founder of Black Voters Matter, said the order’s goal is to create “widespread chaos and confusion” in the electoral process.
The Postal Service emphasized in its proposal document that states retain full authority over who qualifies to vote by mail and what information appears on their voter lists — a distinction designed to address constitutional concerns raised in ongoing litigation.
What’s Next
The proposed rule enters a public comment period after its June 2 Federal Register publication. On the same date, a federal judge in Massachusetts is set to hear arguments from Democratic attorneys general seeking to block the executive order. The order remains in force for now, and with the proposed rule now filed, legal challengers are expected to renew efforts to obtain an injunction. The outcome of those court battles is likely to determine whether the rule takes effect before November’s midterm elections.