Notes:
This post is "live" and ongoing. It will be continually updated as events regarding the USPS proposed rule continue to unfold. To see the latest developments, go to the Updates section.
My personal commentary appears indented, in black, in italics, throughout this review and in the Commentary section.
On March 31, 2026, Donald Trump issued an executive order entitled "ENSURING CITIZENSHIP VERIFICATION AND INTEGRITY IN FEDERAL ELECTIONS".
Here's a summarized list of the order:
- A "State Citizenship List" (derived from federal citizenship and naturalization records, SSA records, SAVE data, and other relevant federal databases) will be sent to each U.S. State at least 60 days prior to any federal election.
- Procedures will be established (by DHS) "to allow individuals to access their individual ["State Citizenship List"] records as well as to update or correct them in advance of elections," and "to enable States to routinely supplement and provide suggested modifications or amendments to the State Citizenship List transmitted thereto."
- The Attorney General will "prioritize" investigations and prosecutions of:
- "State and local officials or any others involved in the administration of Federal elections who issue Federal ballots to individuals not eligible to vote in a Federal election."
- "public or private entities engaged in, or aiding and abetting, the printing, production, shipment, or distribution of ballots to individuals who are not eligible to vote in a Federal election."
- The USPS Postmaster General will create a proposed rule that provides for the following:
- Outbound ballot mail must a) be mailed in an envelope that has the marking "Official Election Mail," b) have Intelligent Mail barcodes, c) be enclosed in an envelope, the design of which has been reviewed by the USPS.
- At least 90 days before a federal election, a State "may" choose to notify the USPS if it intends to allow for mail-in or absentee ballots to be transmitted by the USPS. A notifying State "should" indicate whether it intends to submit to the USPS, at least 60 days before an election, a list of voters eligible to vote in that election.
- "USPS shall not transmit mail-in or absentee ballots from any individual unless those individuals have been enrolled on a State-specific list."
- "USPS shall provide each State with a list of individuals (Mail-In and Absentee Participation List) who are enrolled with the USPS"
- Procedures enabling each State to "supplement and provide suggested modifications or amendments to the State's Mail-In and Absentee Participation List"
- Any final rule must issued no later than 120 days from the date of this order.
- The Attorney General will enforce compliance and provide guidance to election officials.
- Within 90 days of the date of this order, the Secretary of Homeland Security will establish the infrastructure necessary to compile, maintain, and transmit the "State Citizenship List."
- The Attorney General, heads of executive departments, and head of agencies "with relevant authority" will "take all lawful steps to deter and address noncompliance with Federal law, including withholding Federal funds from noncompliant States and localities where such withholding is authorized by law."
On May 28, 2026, U.S. District Judge Carl J. Nichols ruled against a lawsuit brought by the Democratic Senatorial Campaign Committee, the NAACP, and the League of United Latin American Citizens which challenged Trump's executive order.
Judge Nichols, a Trump appointee, ruled that because the USPS has not yet acted to implement the executive order, the plaintiffs can't show that they have been harmed (lack of standing). Judge Nichols also ruled not to block the part of the executive order that requires the U.S. Homeland Security Department (DHS) to create a "State Citizenship List" for each state, saying it wasn't yet clear that DHS would implement the executive order in a way that violated federal law.
Judge Nichols also said, "The Court recognizes that the Postal Service may ultimately issue a final rule that directly affects Plaintiffs or their members, or that the Government may develop State Citizenship Lists that omit specific individuals due to particularized flaws. Plaintiffs may, of course, renew their motions if and when those future actions occur."
Read Judge Nichols' official ruling here.
On March 29, 2026, the USPS published its 20-page proposed rule in the Federal Register.
The proposed rule requires that for federal elections, states must send the federal government a list of all registered voters to which they are sending mail-in and absentee ballots, and it appears to give USPS the power to block delivery of ballots to people that are not on the list. The rule also allows USPS to refuse delivery of ballots that do not meet new federal standards.
An article on the Votebeat website entitled "USPS proposal to carry out Trump's executive order could create new barriers to mail voting" has additional information.
Read the proposed rule here.
Commentary:
It's a well known fact that legitimate cases of U.S. election fraud of any kind are extremely rare.
Trump's executive order and the USPS proposed rule are masquerading as an attempt to fix a problem that for all practical purposes doesn't exist.
Implementation of Trump's order and rule so far into an election year is ill-advised.
It's common knowledge that more Democrats than Republicans tend to vote by mail. This is just another attempt by the Trump administration to throw a "monkey wrench" into how elections are conducted, hoping that the confusion and chaos will result in large numbers of mail-in ballots being thrown out.
This is also another chapter in the ongoing, pathetic, Trump/MAGA saga of election denial, and Trump's ongoing attempt to rewrite history.