Vote-by-Mail Rules Blocked for 2026

Postal workers can continue handling Election Mail under the procedures already in place for the 2026 midterm elections after the U.S. Supreme Court denied the government’s request to put new Postal Service ballot-mail rules into effect. In a 7-2 decision issued September 14, the Court left a lower-court injunction in place, finding that the government was unlikely to succeed on its challenge to that injunction and that the factors required for emergency relief did not support putting the rule into effect now. Justices Samuel Alito and Clarence Thomas dissented.

For postal workers, the immediate result is straightforward. We continue doing what we have always done: process, transport, and deliver Election Mail according to established procedures. The Postal Service itself reported that it handled at least 99.22 million ballots during the 2024 general election period, with 99.88 percent of ballots from voters delivered to election officials within seven days. USPS also reported delivering 54.4 million ballots during the 2022 midterm election period, with 98.96 percent reaching election officials within three days.

National APWU has opposed the new ballot-mail requirements from the beginning. The union argued that the executive order and the Postal Service rule that followed were unprincipled, unlawful, and unworkable. APWU’s position has been that postal workers should move Election Mail, not be placed in the position of determining voter eligibility or deciding whether individual ballots can enter the mailstream. The union also filed an amicus brief challenging the legal basis for the changes and arguing that the new system interfered with state authority over elections. APWU publicly welcomed the Supreme Court’s September 14 action and emphasized that postal workers can continue using procedures that have already been tested in prior elections.

The rule that was blocked would have required federal ballot mail to use special envelope features, including an Election Mail logo, machine-readable characteristics, and a voter-specific barcode. States also would have been required to submit voter information through a Postal Service portal. Mail that failed to satisfy the requirements could have been returned rather than accepted.

There is an important distinction members should understand. The Supreme Court’s September 14 action came through an emergency application for a stay. It keeps the rule from taking effect for the 2026 elections, but it does not necessarily settle every underlying legal question permanently. Justice Brett Kavanaugh wrote separately that the Postal Service may ultimately have statutory authority to issue such a rule, but concluded that implementing it this close to the 2026 elections would be improper because state and local election officials did not have enough time to comply.

That is why National APWU is saying the issue is not finished. APWU President Jonathan Smith has called on the Postal Service Board of Governors to act so the disputed rule does not return in another election cycle. National is asking members and the public to contact the Board of Governors and urge it to permanently end the measure.

As postal workers, our responsibility remains clear. Our job is to move the mail entrusted to us safely, securely, and on time. Election Mail is no different. Whatever political disagreements surround Vote-by-Mail, postal workers should not be pulled into determining who is eligible to vote. Our responsibility is the mail.

The Supreme Court’s action keeps the existing process in place for 2026. What happens beyond this election will depend on how the remaining legal and Postal Service issues are resolved. Members should stay informed, follow National APWU updates, and understand that changes involving Election Mail can directly affect our work, our responsibilities, and the public trust placed in the Postal Service.

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