“This would create a parallel federal eligibility infrastructure on top of existing state voter rolls,” Issue One, a nonprofit seeking to reduce the role of money in politics, wrote shortly after the order was issued.
The second provision targets election officials by demanding that the US attorney general “prioritize the investigation and, as appropriate, the prosecution of State and local officials … who issue Federal ballots to individuals not eligible to vote in a Federal election.”
The final provision in the order directs the USPS to create new rules for absentee and mail-in ballots. Under the rules, states would need to provide the USPS with a list of voters they intend to send ballots to. The order prevents the USPS from sending ballots to anyone not on the list. This rule would require the printing of millions of new ballot envelopes with trackable barcodes.
Last week, before the Supreme Court ruling was issued, the USPS issued a 95-page final rule explaining how it plans to enforce Trump’s proposed changes to mail-in voting in order to “reduce the risk of fraud, and help protect the integrity of federal elections.” The rule compares mail-in ballots to fake bombs or cremated animal remains. The New York Times reported Monday that Trump is seeking to take control over the USPS board by stacking it with members who have questioned the outcome of the 2020 election.
The provisions of the executive order were mostly blocked by federal courts before the Trump administration appealed the rulings to the Supreme Court in July. Earlier this month the administration pushed the court to issue a ruling quickly, claiming that failing to do so would cause “irreparable harm to the federal government, the public, and election integrity.”
While the states are likely to file another lawsuit once the USPS rule goes into effect on Wednesday, the Supreme Court decision will still likely cause disruption, given how close the general election is.
“The Court seemed to create complete chaos leading up to the midterm elections, waiting weeks after an administration filing, and just days before mail ballots go out, to completely rewrite the rules of the election,” David Becker, the head of the Center for Election Innovation and Research and a former Justice Department lawyer, wrote in an emailed statement.
That chaos will hit election officials the hardest.
“From a strictly practical perspective, there simply is just not enough time to implement the proposed requirements for the 2026 general election,” Stuart Holmes, director of elections in Washington state, tells WIRED.
Holmes said that county election offices already have ballot packet mailing materials printed and ready to mail, and that destroying and reprinting them is not realistic, financially or otherwise. The USPS rules would also require new envelope designs, which would in turn need to be reviewed and approved by the USPS to ensure compliance with their automation equipment.
“Even if new designs could be developed and approved in time, it is unrealistic to expect the limited number of printing vendors serving Washington’s counties to produce entirely new supplies of ballot envelopes for every county before the general election without significant disruption,” Holmes adds.
Finally, Holmes flagged that the demands of maintaining the USPS lists required under the order would be virtually impossible. “Voter registration data does not remain static. Voters continually update their registrations, ineligible voters are removed from the rolls, and newly eligible voters are added,” he says. “Meeting the proposed reporting requirements would require the Office of the Secretary of State to dedicate staff to provide updated information to USPS while those same staff are already responsible for other essential list maintenance and election preparation activities.”
