Attorney General James Sues to Block Trump Administration Rule That Would Shut Millions of Voters Out of Mail-In Voting

NEW YORK — New York Attorney General Letitia James today joined 23 other attorneys general and the governor of Pennsylvania in suing the U.S. Postal Service (USPS) to stop a new rule that gives the agency unprecedented control over mail voting in federal elections, just weeks before ballots go out for the November midterms. The rule, finalized at President Trump’s direction, forces states to hand over lists of every eligible mail voter to USPS and requires federal pre-approval of ballot envelope designs. Any ballot mailed to or by a voter missing from the federal list, or using an envelope USPS hasn’t approved, could be rejected and not delivered, regardless of whether that voter is fully eligible and registered under state law.

“Across the country, states are already deep into preparations for the 2026 elections. Now, at the last moment, the federal government is attempting to meddle in those preparations and potentially threaten countless Americans’ right to vote,” said Attorney General James. “The USPS has no authority to decide who can and cannot vote by mail. This new policy will just create confusion, unnecessary costs, and unacceptable risks for voters going into Election Day, and my office is going to court to stop it.”

On Monday, the U.S. Supreme Court stayed a lower court’s ruling against key portions of the president’s underlying executive order, which directed USPS to promulgate this rule. Now that USPS has finalized the rule, states have just weeks to comply before the midterm elections in November. Election officials will have to redesign ballot envelopes, obtain federal approval, and establish entirely new systems to transmit voter lists to USPS, all while preparing to mail ballots to millions of Americans. If states or local election officials cannot comply in time, eligible voters could be prevented from receiving or returning their ballots.

The rule requires states to provide USPS with lists of voters seeking to vote by mail. It also imposes new federal requirements for ballot envelopes, including unique Intelligent Mail barcodes, and requires states to submit ballot envelope designs to USPS for review and approval. Under the rule, USPS could refuse to deliver ballots associated with voters who are not on the lists or that fail to comply with the agency’s new requirements regarding envelopes.

The rule comes at a particularly critical moment for state election officials. States and localities have already been preparing for the November 2026 general election and, in many cases, have designed and purchased ballot envelopes based on existing USPS guidance. The new requirements could force election officials to purchase new envelopes and equipment, establish new systems for submitting and updating voter information, and train staff – imposing significant costs and administrative burdens with the election just weeks away. The USPS processed nearly 100 million ballots during the 2024 general election, and approximately 30 percent of voters nationwide voted by mail.

Attorney General James and the coalition warn that the rule could also disenfranchise voters through administrative errors or technical failures. Voter and mail ballot registration continues in the weeks leading up to an election, requiring states to continually update their lists. Yet under the new system, USPS would have the power to reject ballots based on compliance with its arbitrary requirements, even when a voter is eligible and registered under state law.

Attorney General James and the coalition argue that the rule violates the Voting Rights Act by directing USPS to refuse to deliver mail ballots to qualified voters who are otherwise entitled to vote under state law. In addition, the coalition argues that requiring states to provide USPS with information identifying voters who participate in mail voting violates the Privacy Act’s restrictions on federal collection of records describing individuals’ exercise of First Amendment rights.

The coalition also argues that the rule threatens to undermine states’ constitutional authority over elections. State law determines who is eligible to vote by mail and establishes the procedures voters must follow to receive and return their ballots. The USPS has no authority to establish its own federal eligibility requirements to vote by mail or to refuse to transmit ballots to or from voters who are eligible to vote by mail under state law. The coalition argues that the rule also exceeds USPS’s statutory authority because federal law requires USPS to accept, transport, and deliver lawful, properly posted mail, and does not authorize the agency to create new categories of mail that can be rejected based on its own election-related requirements.

With the midterms fast approaching, the coalition is asking the court to declare the rule unlawful, immediately block USPS from enforcing the rule while the case proceeds, and permanently strike down the rule.

Joining Attorney General James in filing the lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia, as well as the Governor of Pennsylvania.