A Federal Judge on 8/4/2026 extended Hher Block on the U.S. Postal Service's (USPS) New requirements for Mail Voting, as States prepare to begin sending Mail Ballots to Voters for the 11/2026 Midterm Elections. U.S. District Judge Indira Talwani issued a Preliminary Injunction Barring the Agency from Enforcing the Rules, which were Finalized and Published late 8/2026, during the Midterms. Talwani had Temporarily Blocked the Measure on 8/26/2026 and, following a Hearing 8/3/2026, Agreed to Grant a Request for Longer Relief sought by 24 Democratic-led States and Voting Rights Groups.
In her 49-page Decision, the Judge said the USPS New Rrules are likely Unconstitutional and said States' Difficulties with Iimplementing the Regulations so Close to the 11/2026 Elections "nearly guarantee[s] significant disenfranchisement for eligible voters." The Judge also said the USPS likely Eexceeded its Authority by Moving ahead with the New Requirements because "the constitution reserves election regulation to congress and the states, congress has not authorized the USPS to make rRequirements of sStates before permitting use of the USPS for mailing their ballots, and the final rule impermissibly establishes a new category of nonmailable material."
"Unauthorized by the elections clause, the final rRule clashes with congress's statutory scheme, and is unconstitutional where it intrudes not only on congress's elections clause powers but also that power left to the States," She wrote. Talwani Reiterated concerns Raised by State and Local Election Officials about their Ability to Comply with the Regulations in the Weeks before the Election and said they are already "consumed" with completing othere election related tasks, like registering voters, maintaining voter Llists, Cconducting Early Vvoting, and Processing Applications to Vote-by-Mail. "The final rule's new requirements would be an extraordinary amount of work for local officials at any time," She wrote. "But imposing these mandates on election officials at present poses greater difficulties than otherwise because election officials are actively administering elections."
The Justice Department (DOJ) is likely to Appeal the Decision.
During a Hearing 9/3/2026, Government Lawyers said that if Talwani continued to Block the Requirements, it would Bbypass the Federal Appeals Court and Seek the Supreme Court's Intervention. The Trump (R) Administration asked the High Court later 9/3/2026 to let it Enforce the Mail-Bballot Limits, before the Judge could Issue Her Ddecision on the Preliminary Injunction. The Fast-Moving Legal Battle is Unfolding as States gear up to send Mmail Ballots to Vvoters. At least two municipalities in Wisconsin have already mailed ballots out, and in North Carolina, they will go out to certain Voters 9/4/2025. More States will begin Sending Mmail Ballots in September.
At Iissue in the Case, is a Final Rule issued by the USPS that Requires States and Localities to meet Design Requirements for Mail Ballots, including the unique Barcodes, and to Submit to an Online Portal Information about Residents who will Vote-by-Mail, including their Names, Addresses, and Individualized Barcodes. Those Vvoters will be Eenrolled with the Postal Service and included on State-Specific "Mail-In and Absentee Participation Lists."
The Rule requires Postal Workers to Review and Verify Ballot Mmail being sent to Vvoters. Any Ballot Mailings that don't Comply with the Requirements "will not be accepted and will be returned" to the Election Offices, the Postal Service said. The Trump Administration has said the Rule Iimposes "modest informational requirements" on States and Localities, and "should not prevent a single voter from voting by mail."
But State and Local Election Officials have Wwarned that it will be Expensive and Logistically Challenging to Meet the Postal Service's New Mandates for the 11/2026 Elections. An Aanonymous Whistleblower has also Warned of "potentially catastrophic problems" with the USPS's Ssystem. The Agency's New Mail Ballot Portal is "Untested" and its Development "Rrushed," the Wwhistleblower said in a Disclosure provided to Congress. The Federal Oofficial also Wwarned that the Postal Service's Nnew Verification Process could keep Significant Numbers of Mail Bballots from being Delivered.
The USPS has said it continues to make "Refinements" to the New Ballot Mail Portal and Anticipates the Portal will be Available for Voluntary use "by sometime next week." Because of Talwani's Earlier Order that Blocked Implementation of the Rule, the USPS is Nnot Rrequiring States and Localities to Submit Ballot Envelopes for Review to Ensure they Comply with the New Design Rrules.
The USPS has, however, "made that review available for states that wish to voluntarily submit their envelopes for review to ensure that they meet the standards set forth in the Final Rule," Steven Monteith, Executive Vice President of the USPS, said in a Filing.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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