By Marguerite Adelman
The League of Women Voters of Vermont has serious concerns regarding President Trump’s Executive Order on mail-in Voting and the US Postal Service (USPS) proposed new rule on voting by mail.
The U.S. Postal Service has proposed a new rule that would require states to submit voter names, addresses, and unique ballot barcodes for federal elections, shifting its role from neutral carrier to federal gatekeeper in the mail-in voting process. If implemented, eligible American citizens will be blocked from participating in our elections.
The proposed rule is illegal, impractical, and impossible to implement for the 2026 general election for multiple reasons, including:
1. The Rule Violates the Constitution and Federal Law by compelling USPS to unlawfully usurp the role of states in administering elections. The rule would functionally endow USPS with enormous power to shut down entire states’ vote-by-mail programs unless they comply with these burdensome, new requirements.
Under the Constitution, only states and Congress have the power to mandate election rules, and only Congress can regulate the postal service. The President may not mandate USPS rulemaking to rewrite the rules for mail voting.
2. The Rule Violates USPS Mandates. USPS’s duty is to receive, transmit, and deliver the mail to everyone in the United States unless a law passed by Congress says otherwise. This rule allows USPS to violate that important duty by deciding not to deliver ballots to certain voters. The American Postal Workers Union is opposed to this rule.
3. The Rule Forces USPS to take on the Role of Election Administrator. USPS would be thrust into the role of nationwide Election Administrator—a function for which it has no funding, expertise or ability, and which would divert already limited resources from its critically important core functions.
4. The Rule Imposes Significant Burdens on State and Local Election Administrators who are already overworked, overburdened, and understaffed. State and local election administrators currently receive less federal funding under this administration to do their jobs.
5. The Rule Will Disenfranchise Voters due to Technical and Administrative Errors that are NO Fault of Voters. Developing a system like this, even if legal, would take time, care, resources, and testing—none of which are present here.
Nearly 60% of Americans vote early or by mail. LWVUS, Brennan Center, and other nonpartisan, partisan, and state government entities have filed lawsuits because the Constitution gives only states and Congress the power to set election rules; it cannot be done by an Executive Order or USPS Rule.
The USPS Rules and Regulations on Mail Voting were issued May 30 and can be found at https://l1nq.com/d0ag36j. The public can comment on them until July 2, 2026.
In our next post, the League will provide information about these proposed rules, as well as how you can send your comments.