Full Breakdown
Legal Fight Over United States Postal Service’s (USPS) Mail-Ballot Rule Intensifies as DOJ Seeks to Lift TRO
9/1/2026, 8:30:11 AM
Core Event
The Department of Justice (DOJ) has asked the First Circuit Court of Appeals to overturn a temporary restraining order (TRO) issued by U.S. District Judge Indira Talwani that blocks the United States Postal Service (USPS) from enforcing its final rule on mail-in ballots. The rule, issued on August 26, implements President Donald Trump’s March 31 executive order that makes ballot-envelope designs, voter-list submissions, and barcode requirements mandatory for states that use the postal service to send federal election mail.
Background & Context
President Trump’s executive order converted previously voluntary USPS election-mail guidelines into compulsory standards, directing the agency to require barcode-equipped envelopes and a federal database of voters who request absentee ballots. The USPS final rule created a Federal Ballot Mail Portal where states must upload voter participation lists at least 30 days before Election Day and obtain USPS pre-approval of envelope designs. The rule does not apply to primary, state-local, or military/overseas ballots covered by the Uniformed and Overseas Citizens Absentee Voting Act, but it would affect the November 3 federal election unless legal challenges are resolved.
Timeline
- March 31 – Executive Order 14399 issued.
- August 26 – USPS final rule published; Michigan and 24 other states file a lawsuit hours later.
- August 24 – Supreme Court stays one earlier injunction against the rule.
- [Date unspecified] – Judge Talwani issues a 14-day TRO blocking enforcement.
- [Date unspecified] – DOJ files an “emergency” appeal arguing the TRO functions as a preliminary injunction and that the government would suffer irreparable harm.
- September 3 – Judge Talwani will hear arguments on the plaintiffs’ request for a preliminary injunction.
Data & Statistics
- The rule requires ballot envelopes to contain Intelligent Mail barcodes and to be pre-approved by USPS.
- States must submit voter participation lists—including names, addresses, and barcodes—to a USPS-managed portal at least 30 days before Election Day.
- In Michigan, 2,232,721 voters cast mail ballots in the 2024 general election, representing 39 % of the total vote.
Official Statements & Responses
The department claims that maintaining the TRO would cause “irreparable harm” because appellate review would occur after ballots have been mailed. Judge Talwani’s TRO notes that the rule likely violates the constitutional authority of states and Congress to regulate elections and that compliance is “practically impossible” given the proximity of the November 3 election.
Criticism & Opposition
- David Becker, executive director of the Center for Election Innovation & Research, said the deadline to implement the executive order “was many months ago.”
- Rick Hasen, UCLA law professor, criticized the DOJ’s timing, noting the final rule was issued only weeks before ballots are mailed.
- Steve Hobbs, Washington Secretary of State, called the TRO “important relief” and asserted that “every eligible voter has the right to cast a ballot, including by mail.”
Why It Matters
If the rule takes effect, states with high mail-ballot usage could see many ballots rejected for non-compliance with envelope designs or missing from the federal voter list, potentially disenfranchising voters and disrupting state-run vote-by-mail programs. The DOJ argues the rule standardizes mail handling for security and operational reasons.
What’s Next
Judge Talwani is set to hear arguments on the preliminary injunction request on September 3. The outcome will determine whether the USPS can enforce the rule for the November 3 federal election or whether the TRO will remain in place pending further appellate review.
