NAACP Moves to Halt USPS Mail-In Ballot Proposed Rule
WASHINGTON, D.C. — On behalf of the NAACP, the Legal Defense Fund (LDF) and Public Citizen Litigation Group filed a motion today in federal court to enforce a settlement agreement in which the U.S. Postal Service (USPS) committed to prioritizing the timely delivery of election mail, including mail-in ballots. USPS has an obligation per the agreement that requires the timely delivery of Election Mail to all voters without exception.
But now, as directed by an Executive Order issued by President Trump on March 31, USPS has published a proposed rule that would displace its legally binding commitment and implement a new gatekeeping function for USPS, under which it would refuse to deliver mail-in ballots to voters if state or local election officials do not provide certain information to USPS or use a certain envelope design. The proposed rule violates the settlement agreement and federal law. Today’s motion asks the court to enforce the agreement and prohibit USPS from proceeding with the proposed rule. The motion is urgent in light of the confusion caused by the proposed rule in the ongoing 2026 election season, including the likelihood that the rule will disenfranchise voters.
“Voting is fundamental to democracy. That this Administration would direct USPS to adopt measures to impede voters from casting their ballots is shameful,” said Allison Zieve, director of Public Citizen Litigation Group. “And that USPS would allow itself to be used for political purposes to advance the President’s irrational objection to mail-in voting is disgraceful, unlawful, and contrary to the commitments it made to settle our litigation.”
“The Proposed Rule manifests USPS’s intent to disregard its commitment to timely deliver mail-in ballots to all voters,” said Sam Spital, Associate Director-Counsel of the Legal Defense Fund. “This all is part of a coordinated effort by this Administration to create chaos and confusion in our elections, which creates particular dangers for Black voters who are already at the greatest risk of suffering discrimination in voting. The attempt to usurp the right of eligible voters to cast mail-in ballots is directly contrary to the legally enforceable agreement the parties reached in this case, and to USPS’s obligations under federal law. We are confident it will be rejected by the courts.”
“The right to vote should never be subject to arbitrary barriers or last-minute rule changes that create confusion and suppress participation,” said Anthony P. Ashton, Senior Associate General Counsel, NAACP. “These proposed rules directly undermine commitments that the Postal Service made to ensure mail-in ballots are delivered and counted. At a time when voters across the country rely on the Postal Service to exercise their right to vote, any effort to restrict that right is not only unlawful — it is a threat to our democracy. The NAACP will continue to take decisive legal action to ensure that every eligible voter can cast their ballot and have it counted.”
In December 2021, LDF and Public Citizen announced a settlement in the historic case NAACP v. United States Postal Service, which challenged USPS actions that risked impeding the timely delivery of mail-in ballots for the November 2020 election. As a result of the settlement, USPS agreed to prioritize the timely delivery of election mail for national general elections through 2028.
On June 2, however, as directed by Trump’s executive order, USPS published a proposed rule that would require USPS to refuse to deliver certain mail-in ballots. The proposed rule disregards USPS’s commitment to deliver election mail to all voters without exception and implements a new gatekeeping function for USPS that both violates the 2021 settlement and risks the disenfranchisement of millions of eligible voters.
USPS has emphasized that fulfilling its commitment for the proper and timely handling and delivery of election mail requires extensive internal trainings. Additionally, communication with state and local elections officials is required for the fulfillment of USPS’s obligations to timely deliver mail-in ballots, and those communications began months before the proposed rule was published. To disrupt this process, halfway through an election year, would jeopardize the timely delivery of mail-in ballots this election cycle.
In light of the ongoing election season, and the confusion and uncertainty a late-breaking rule would create for state elections officials, today’s motion asked the court to issue its ruling on an expedited basis.
To learn more about the NAACP v. USPS case, visit here.