U.S. Postal Service Proposes Major Changes to Mail-In Voting Amid Legal Concerns
In a move that could significantly impact absentee voting, the U.S. Postal Service has proposed new regulations that include creating lists of eligible voters for mail-in ballots. However, Wisconsin election officials are taking a cautious approach, wary of potential legal challenges that could stall these changes.
The proposed rule, announced on Tuesday, aims to standardize the mailing process for absentee ballots nationwide. This includes specific requirements for ballot envelopes and the introduction of a “Mail-In and Absentee Participation List,” a system not previously utilized.
According to the proposal, each state’s chief election officer would compile a list of voters eligible to vote by mail, complete with barcodes linked to their ballots. The intent is to help law enforcement compare the number of ballots sent with those received, identifying any discrepancies for further investigation.
“Under this proposal, states would retain full control over who would (or would not) be able to vote by mail-in federal elections within each state, as states would control enrollment with the Postal Service for inclusion on the state’s Mail-In and Absentee Participation List,” the rule states.
Despite the rule’s introduction, it remains unclear if voters not included on the federal list would still be able to mail their ballots. This proposal is rooted in a March executive order by President Donald Trump, which clearly stipulates that the USPS should not process mail-in ballots from individuals not on a state-specific list.
Critics, including Democrats and voter advocacy groups, have raised concerns about the proposal. They argue it is an extension of Trump’s efforts to restrict mail-in voting, a method he has falsely claimed is rife with fraud—a claim discredited by court rulings and state audits.
‘The courts typically intervene’
Don Millis, the Chair-elect of the Wisconsin Elections Commission, expressed skepticism about the proposal’s longevity, noting that many such initiatives are often halted by judicial intervention. “We don’t have the opportunity to dwell on everything that’s proposed, because we know that the vast majority of proposals that come to us via either a lawsuit or an executive order or rule change actually won’t come to fruition, because the courts typically intervene,” said Millis.
Millis assured that should the rule withstand legal scrutiny, necessary adjustments would be made for compliance. Already, several lawsuits challenging Trump’s executive order have been initiated, according to legal analyses by experts like Derek Clinger from the University of Wisconsin-Madison.
Clinger emphasized the constitutional rights of states over election processes, raising questions about the USPS’s authority in dictating ballot mailing procedures. “The federal challenges that have already been brought raise really strong arguments that these changes would violate federal law,” said Clinger.
Ann Jacobs, the current Chair of the Wisconsin Elections Commission, voiced concerns about the practicality of the proposed changes, especially for large cities like Milwaukee. She questioned the necessity of a federal list, stating, “We already have election rules in every state. So, what is the purpose of this entire process, unless it is to slow down the process by which absentee ballots go through the mail?”
