September 6, 2026

States Challenge USPS Mail-In Voting Rules

A legal dispute is unfolding as 24 states and Washington, D.C., sue the United States Postal Service over its mail-in voting rules. Fox News legal editor Kerri Urbahn discussed the lawsuits on ‘Fox & Friends,’ focusing on a Supreme Court decision and agency rules involving barcodes on mail-in ballots.

The Trump administration has appealed to the Supreme Court to enforce restrictions on mail ballots. This move comes as ballots begin entering states in preparation for the midterm elections. The appeal seeks to overturn a preliminary injunction by U.S. District Court Judge Indira Talwani, which prevents enforcement of certain ballot mail requirements for the November elections.

Solicitor General John Sauer noted that ballots are already being mailed in North Carolina, with more states, including Alabama, starting the process soon. He emphasized the potential for confusion if the injunction continues, as compliance with the Postal Service rule remains voluntary.

The administration argues that the rule is a lawful regulation of the U.S. Mail. It mandates that ballots be mailed in envelopes with the official Election Mail logo, meet automation standards, and carry unique barcodes. State election officials must submit envelope designs for review and provide recipient information to the Postal Service.

The rule aims to enhance the handling and delivery of ballots and prevent voter fraud. It does not grant the Postal Service authority over voter eligibility or ballot counting, which remain state and local responsibilities.

Opponents, including Democratic-led states and voting rights groups, claim the restrictions are unconstitutional and argue there’s insufficient time to adjust before November. The administration maintains that Congress authorized the Postal Service to regulate mail handling and that the rule does not interfere with ballot content or voting eligibility.

This is the administration’s third request for the Supreme Court’s intervention. Though the Court previously allowed the plan to proceed, it hasn’t ruled on the legality of the restrictions.

This legal battle could significantly impact the upcoming elections, with nearly a third of U.S. voters casting ballots by mail. The outcome could affect control of Congress this November.

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