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Appeals Court Temporarily Allows USPS to Continue Rulemaking on Mail Ballots

The stay clears the way for a proposed rule that would require states to provide voter manifests and serialized ballot identifiers and could affect whether the Postal Service will deliver some mail ballots before the November midterms.

Overview

  • A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued a stay on Friday that lifts a lower-court block and lets the Postal Service continue writing a proposed rule while the legal fight proceeds.
  • The proposed rule would require states to provide lists of eligible mail voters and serialized ballot barcodes before USPS will handle certain federal ballots, and Postmaster General David Steiner told Congress the Postal Service would refuse delivery in states that do not provide the required manifests.
  • The NAACP sued, arguing the rule conflicts with a 2021 settlement that obliges USPS to take extraordinary steps to ensure timely delivery of Election Mail, and U.S. District Judge Emmet Sullivan had blocked the proposal before the appeals stay.
  • A separate federal injunction from a Massachusetts judge remains in place, so the rule is not final and cannot be applied nationwide while parallel suits and appeals continue.
  • If the rule is finalized it would raise federalism questions and practical strains on state election operations that could delay or disrupt ballot delivery, so courts, state officials, and the Postal Service are now key actors to watch as the midterms approach.