US Postal Service issues new rule for mail ballots, but its impact on the midterms is uncertain

The U.S. Postal Service has unveiled new requirements for mail ballots less than two weeks before some states begin sending them, but the regulation will take effect only if the Supreme Court allows President Donald Trump’s order restricting voting by mail to go forward.

The final regulation was issued Friday night, but may end up as just a footnote in the lengthy legal battle against Trump’s order, which a federal judge in Boston has frozen ahead of November’s elections.

The administration has asked the high court to lift that injunction. But a second one from the same judge would prevent the Postal Service from implementing any procedural changes before this year’s midterms and would likely need to be nullified, as well.

Time is running out for the administration to make any changes in the nation’s voting procedures. The first mail ballots are required to be sent to military and overseas voters from North Carolina on Sept. 4. At that point, it would be virtually impossible for all states to alter the formatting of their mail ballots to comply with Trump’s directive. The Postal Service rule also requires states to submit voter lists in order to get their mail ballots delivered.

The Postal Service said it could not comment on its rule given the litigation.

Lawyers from Democratic-run states and civil rights groups who sued to block the order argued that Trump doesn’t have the authority to change election regulations in states. The U.S. Constitution vests that power in the states or Congress, which has been unable to pass Trump’s desired election changes.

The Trump administration appealed to the Supreme Court last month to let it move forward with the executive order, which calls for the federal government to compile a list of eligible voters and send mail ballots only to those on the list. The high court has not yet taken action.