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New USPS Rule Raises Concerns About Ballot Postmarks

The U.S. Postal Service (USPS) has recently enacted a new rule that introduces uncertainty regarding whether some ballots mailed by voters by Election Day will receive the necessary postmarks in time for them to be counted. This change has sparked discussions among various stakeholders, including voters, election officials, and policymakers, regarding the implications of postal practices on democratic participation.

Overview of the USPS Rule

A rule that became effective on December 24 states that ballots and other mail may not receive a postmark on the same day that the USPS takes possession of them. The postal service insists that it is not altering its current postmark practices but rather clarifying its policies to avoid misconceptions. However, this clarification has raised apprehensions, particularly among election officials who have traditionally relied on postmarks as a safeguard ensuring that mail-in ballots were cast prior to the closing of polls.

Implications for States with Ballot Grace Periods

This new regulation will significantly impact 14 states and Washington, D.C., which allow ballots submitted after Election Day to still be counted if they are postmarked on or before that day. This is referred to as a "ballot grace period." In these jurisdictions, voters who mail their ballots ahead of the deadline might find their votes disregarded if the USPS applies a postmark indicating a date after Election Day. This aspect of the rule complicates the voting process and poses a risk to voter participation.

The USPS clarifies that “the postmark date does not necessarily indicate the first day that the Postal Service had possession of the mailpiece.” This statement raises further questions about trust in the postal service as a crucial element of the electoral process.

Supreme Court Review and Future Implications

As the USPS introduces this new rule, the U.S. Supreme Court is preparing to hear a case that has the potential to abolish ballot grace periods nationwide. A decision from the court is anticipated late this spring or early next summer, which could render the concerns stemming from the USPS rule irrelevant. However, until then, voters and election officials must navigate the complexities created by these competing forces.

Trends in Mail-In Voting

Mail-in voting saw a significant surge during the general election of 2020, primarily due to the constraints of the COVID-19 pandemic, resulting in 43% of voters casting ballots via mail. While this number has decreased since then, mail-in voting still remains above pre-pandemic rates, with approximately 30% of voters expected to cast mail ballots in the upcoming 2024 elections, according to data from the U.S. Election Assistance Commission.

Despite the trend toward mail-in voting, it is important to note that a significant number of mail ballots were rejected in the previous elections. During the 2024 election, election officials rejected approximately 584,463 mail ballots returned by voters, equating to 1.2% of all returned mail ballots. Alarmingly, around 18% of these ballots were rejected due to late arrivals, underlining the urgency for clarity regarding postal procedures.

USPS’s Justification for the Rule Change

In response to mounting criticism, the USPS provided a detailed explanation in the Federal Register, defending the rule change. The agency emphasized that it does not manage elections and maintains a neutral stance regarding the advocacy for or against mail-in voting practices. Nonetheless, the USPS has advised voters to send their completed ballots at least a week prior to Election Day to avoid any last-minute issues.

The postal service also highlighted that voters can request a manual postmark at their local post office without any cost. This information serves as a critical reminder for voters to be proactive to ensure their ballots are counted correctly.

Preparing for Potential Challenges

The USPS’s response stated, “If customers are aware that the postmark date may not align with the date on which the Postal Service first accepted possession of a mailpiece, they will be better equipped to adjust their plans accordingly.” This emphasizes the importance of understanding the complexities of postal policies, particularly as they relate to election timelines.

In this context, AI legalese decoder can play an essential role for voters, election officials, and policymakers by providing clarity on legal language and complex regulations surrounding voting processes. This tool can help individuals interpret the implications of the new USPS rules and aid them in making informed decisions regarding mail-in voting.

Additionally, the AI legalese decoder can assist in identifying how these changes may affect state and local electoral laws, ensuring that all parties are aware of their rights and responsibilities within the evolving electoral landscape. By leveraging this technology, stakeholders can effectively navigate the emerging challenges posed by the USPS rule.

Conclusion

With the introduction of this new USPS rule, uncertainties surrounding mail-in voting are at the forefront of electoral discussions. Voters must remain vigilant to ensure that their ballots count, while election officials and policymakers work to address potential implications. The intersection of the USPS’s practices, legal considerations, and voter behavior underscores a complex electoral environment, one that requires both awareness and strategic action from all involved.

This story was originally produced by Stateline, which is a part of the States Newsroom, a nonprofit news network supported by grants and donations as a 501(c)(3) public charity.

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