Proposed Rule2026-10968
Ballot Mail for Federal Elections
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 2, 2026
Issuing agencies
Postal Service
Abstract
The Postal Service is proposing to amend the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM), regarding the transmission of mail-in or absentee ballots for federal elections pursuant to its rulemaking authority.
Full Text
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<title>Federal Register, Volume 91 Issue 105 (Tuesday, June 2, 2026)</title>
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[Federal Register Volume 91, Number 105 (Tuesday, June 2, 2026)]
[Proposed Rules]
[Pages 32915-32919]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10968]
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POSTAL SERVICE
39 CFR Part 111
Ballot Mail for Federal Elections
AGENCY: Postal Service.
ACTION: Proposed rule.
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SUMMARY: The Postal Service is proposing to amend the Mailing Standards
of the United States Postal Service, Domestic Mail Manual (DMM),
regarding the transmission of mail-in or absentee ballots for federal
elections pursuant to its rulemaking authority.
DATES: Comments must be received on or before July 2, 2026.
ADDRESSES: Mail or deliver written comments to Director, Product
Classification, U.S. Postal Service, 475 L'Enfant Plaza SW, Room 4446,
Washington, DC 20260-5015. Email comments, containing the name and
address of the commenter, may be sent to: <a href="/cdn-cgi/l/email-protection#d9899a9fbcbdbcabb8b58bbcbeb0aaadbcab99acaaa9aaf7beb6af"><span class="__cf_email__" data-cfemail="356576735051504754596750525c4641504775404645461b525a43">[email protected]</span></a>,
with a subject line of ``Ballot Mail.'' Faxed comments will not be
accepted.
You may inspect and photocopy all written comments, by appointment
only, at USPS[supreg] Headquarters Library, 475 L'Enfant Plaza SW, 11th
Floor North, Washington, DC 20260. These records are available for
review Monday through Friday, between 8 a.m. and 4 p.m. by calling 202-
268-2906.
FOR FURTHER INFORMATION CONTACT: Dale Kennedy, (202) 268-6592.
SUPPLEMENTARY INFORMATION: All submitted comments and attachments are
part of the public record and subject to disclosure. Do not enclose any
material in your comments that you consider to be confidential or
inappropriate for public disclosure.
The Postal Service is proposing to amend the Mailing Standards of
the United States Postal Service, Domestic Mail Manual (DMM) regarding
the transmission of mail-in or absentee ballots for federal elections
through the mail, pursuant to its authority under 39 U.S.C. 401 and
404, and consistent with Section 3 of Executive Order 14399, Ensuring
Citizenship Verification and Integrity in Federal Elections.
Background
On March 31, 2026, the President issued Executive Order 14399,
Ensuring Citizenship Verification and Integrity in Federal Elections,
91 FR 17125 (2026) (``Order''). The Executive Order discusses the
importance of additional measures concerning the use of the mails to
vote in federal elections, in order to facilitate enforcement of
federal law, reduce the risk of fraud, and help protect the integrity
of federal elections. Following the issuance of the Order, the Postal
Service submitted this proposed rule to the Office of Management and
Budget (OMB) for interagency review. Subsequent to that review process,
the Postal Service issues this proposed rule regarding the preparation
of ballot mail for federal elections to facilitate the enforcement of
federal law. The proposed rule would also implement best practices for
Postal Service operations regarding ballot mail.
Legal Authority and Rationale
The Postal Service is initiating this rulemaking pursuant to its
authority to regulate the mails, including under 39 U.S.C. 401 and 404.
Section 401 authorizes the Postal Service ``to adopt, amend, and repeal
such rules and regulations, not inconsistent with this title, as may be
necessary in the execution of its functions under this title and such
other functions as may be assigned to the Postal Service under any
provisions of law outside of this title.'' Section 401 further grants
the Postal Service ``all other powers incidental, necessary, or
appropriate to the carrying on of its functions or the exercise of its
specific powers.'' Section 404 grants the Postal Service specific
powers, including the power ``to provide for the collection, handling,
transportation, delivery, forwarding, returning, and holding of mail,
and for the disposition of undeliverable mail.''
The proposed rule would apply uniform standards for the mailing of
absentee ballots to and from voters, which the Postal Service
understands will facilitate the faithful execution of federal law. The
Postal Service has the authority to change its regulations to achieve
this purpose. See 39 U.S.C. 401(2) (noting that the Postal Service can
issue regulations as necessary to execute functions assigned to it by
law); see, e.g., 52 U.S.C. 10307; 52 U.S.C. 20511; cf. 18 U.S.C.
3061(b) (authorizing the Postal Service to investigate crimes regarding
``the use of the mails'' and other appropriate crimes as determined by
agreement with the Attorney General). The regulations as proposed
accord with that authority, because as detailed below they set forth
mailpiece preparation and data reporting standards that can provide
information regarding the sending of ballots through the mails that
would be available for use by law enforcement, and are consistent with
title 39 of the U.S. Code. Additionally, the proposed changes would
implement best practices for Postal Service ballot mailing operations,
thereby advancing execution of a key Postal Service function.
The Postal Service therefore proposes to amend DMM Section 705 with
the provisions described herein. The DMM is incorporated by reference
into 39 CFR 111.1 and 111.3.
Proposed Rule
The Postal Service is proposing to add a section to DMM 705,
Advanced Preparation and Special Postage Payment Systems, that contains
the following preparation conditions when mailing ballots for general,
special, or run-off federal elections, except that these conditions do
not apply to ballots covered under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301 et seq.):
Envelope Design and Review Standards
<bullet> DMM 705.24.3 would identify new standards for the envelope
design and review for outbound and return ballot
[[Page 32916]]
envelopes, which are consistent with the Postal Service's existing
recommended best practices. These standards include the use of the
official Election Mail logo, automation compatibility, placement of a
uniquely serialized Intelligent Mail barcode (IMb) on each outbound and
return ballot envelope, and a mailpiece design review.
The mail preparation standards improve the visibility of ballots in
the mailstream and are consistent with the Postal Service's current
ballot mail preparation recommendations as provided in DMM 703.8.4. The
Postal Service currently has resources available to assist with
compliance with these standards, which it will continue to make
available. An example of a resource currently provided to election
officials regarding mailpiece preparation is the ``2026-2027 Official
Election Mail Guide (Kit 600)'', which is available at <a href="https://about.usps.com/kits/kit600.pdf">https://about.usps.com/kits/kit600.pdf</a>.
The Election Mail Logo is an important tool for mailpiece
visibility. It allows voters to recognize Election Mail as important
and distinct from other mailings, and also serves to identify official
Election Mail for Postal Service employees and distinguishes it from
the millions of other mailpieces that are processed daily. Certain
long-standing Postal Service practices--including the use of
Extraordinary Measures during the period of time before elections that
are designed to return ballots from voters to election officials faster
than the ordinary mail processes would permit--require the Postal
Service to be able to visually identify ballots, which the Election
Mail Logo facilitates. Incorporating this logo will thus further
facilitate the identification of such ballots.
Ensuring ballot mail is ``automation compatible'' and meets
mailpiece design standards means that ballot mail can be processed
effectively on the Postal Service's mail processing equipment without
unexpected complications or delays in operations, and that the relevant
barcodes can be scanned as the piece moves through the mailstream.
Uniquely serialized IMbs facilitate the tracking of individual
pieces of Ballot Mail to and from individual voters as the barcodes are
scanned on the Postal Service's mail processing equipment. The barcode
simplifies data by consolidating information for multiple Postal
Service identifiers into one comprehensive location.
Pre-Election Notification of Intent To Use Postal System for Ballot
Delivery
<bullet> DMM 705.24.2 would provide for an optional pre-mailing
notice that states may provide to the Postal Service, and facilitate
the process for states to enroll individuals with the Postal Service
for inclusion on state-specific lists for mail-in and absentee ballot
participation.
This provision would allow states to notify the Postal Service of
their intent to use the mail to facilitate their election processes. By
disclosing relevant points of contact, it will allow the Postal Service
to more expeditiously provide technical and other assistance in advance
of the election. It will also facilitate the adoption of the new
elements of ballot mailing that are proposed in this regulation.
Mail-In and Absentee Participation List
<bullet> DMM 705.24.4 would establish a process by which (1) states
(including authorized election officials and their mail service
providers) will notify the Postal Service of the individuals to whom
they are mailing a mail-in or absentee ballot, along with the unique
barcode applied to the outbound and return ballot mail envelope for
such individuals such that the name and barcode of the voter will be
included on a Mail-In and Absentee Participation List; (2) states
(including authorized election officials and their mail service
providers) may thereafter add to or modify the list of enrollees until
the last day that ballots may be mailed out to individuals under state
law; and (3) the Postal Service will provide to each state's chief
election official a final State-Specific Mail-In and Absentee
Participation List for each state compiling the names of all enrolled
individuals in such state, along with the barcodes associated with such
individuals' mail-in or absentee ballots.
This provision will help determine adherence to federal law and
facilitate law enforcement efforts. For example, the provided lists
will evidence how many ballots have been mailed, and allow law
enforcement officials to compare the total number of mailed ballots to
the total number of received ballots to detect potential issues
meriting further investigation. This is accomplished by ensuring that
individuals who receive a mail-in or absentee ballot are included on
the State-Specific Participation Lists. It is further accomplished by
associating the specific barcodes on the ballot envelopes with the
intended recipients of ballot mail. As noted above, these barcodes
provide visibility into ballot mail transmission based on scan data
that is generated as the ballots move through the mail.
Under this proposal, states would retain full control over who
would (or would not) be able to vote by mail in federal elections
within each state, as states would control enrollment with the Postal
Service for inclusion on the state's Mail-In and Absentee Participation
List. States would provide the Postal Service with this information via
the Federal Ballot Mail Portal. Once a state has completed its ballot
mailings, the Postal Service would compile the information provided by
that state and then provide the compiled list to the state as that
state's Mail-In and Absentee Participation List. The Postal Service
would not change the information provided by the state when compiling
the lists. As noted below, the Postal Service would provide technical
assistance to states and localities regarding the secure submission of
this data.
Ensuring Compliance With New Standards
<bullet> DMM 705.24.5 would establish a verification standard to
support transmission of compliant mail-in or absentee ballots.
The proposed rule also implements a verification procedure for
compliance with the proposed standards prior to acceptance by the
Postal Service of the outbound ballot mailpiece and the blank return
ballots included within such mailings. The verification process by the
Postal Service would confirm that a state submitted a list consistent
with the conditions laid out in the proposed rule, and that the
outbound ballot mail, and thus the blank ballot that could be returned
by mail, is destined to individuals on the list, by checking the
barcodes. The Postal Service would not verify whether individuals
should or should not be included on a State's Mail-In and Absentee
Participation List. States will retain full control over the content of
that list.
The Postal Service is not proposing to apply these standards to
primary elections or to UOCAVA ballots. Primary elections largely
involve political parties selecting nominees through their chosen
procedures, rather than direct election of federal officials, and thus
implicate different considerations that bear on the necessity for these
provisions. Moreover, UOCAVA is a separate federal statutory scheme
with its own requirements, including different timing constraints and
deadlines. The Postal Service welcomes comments on these issues,
however.
As required under existing postal regulations, mailers must comply
with all applicable postal laws and regulations governing mailability
and preparation for mailing, as well as
[[Page 32917]]
nonpostal laws and regulations on the possession, treatment,
transmission, or transfer of particular matter. Coinciding with
publication of any final rule, to facilitate compliance by officials
mailing ballots to voters, the Postal Service intends to provide
further technical instructions regarding barcode creation, service type
identifiers, acceptance processes, file preparation, documentation
submission, and entry of data into the proposed portal.
The Postal Service will also take steps necessary for the creation
of a new system of records notice (``SORN'') in accordance with the
Privacy Act. Notice regarding the new SORN is forthcoming.
Election Mail Practices
The Postal Service will continue to engage with state and local
election officials to advise on mailing conditions and best practices.
The Postal Service will also continue to offer technical support to
election officials and their mail service providers.
Additional information about the Postal Service's Election Mail
practices and procedures, as well as other resources, are available at
<a href="https://about.usps.com/what/government-services/election-mail/">https://about.usps.com/what/government-services/election-mail/</a>.
The proposed rule would not make changes to the Postal Service's
longstanding Election Mail practices concerning the processing and
delivery of ballots that enter the mailstream, including completed
ballots mailed by voters to election officials. In fact, consistent use
of our best practices recommendations will enhance these efforts. For
example, the Postal Service will, consistent with prior elections,
continue to perform extraordinary measures to deliver completed
ballots, and, as previously announced, will issue further guidance on
such extraordinary measures prior to the general election on November
3, 2026. Extraordinary measures include steps taken by the Postal
Service to accelerate the delivery of Return Ballot Mail beyond the
Postal Service's typical operations and service expectations.
Request for Comments
Consistent with the Order, the Postal Service is issuing this
notice of proposed rulemaking and invites comments on any and all
provisions of the proposed DMM addition. During the comment period, the
Postal Service plans to work with stakeholder groups to discuss the
proposed rule and its implementation.
Although exempt from the notice and comment requirements of the
Administrative Procedure Act (5 U.S.C. 553(b), (c)) regarding proposed
rulemaking by 39 U.S.C. 410(a), the Postal Service invites public
comment on the proposed revisions to Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM), incorporated by
reference in the Code of Federal Regulations.
We will publish an appropriate amendment to 39 CFR part 111 to
reflect these changes if our proposal is adopted.
List of Subjects in 39 CFR Part 111
Administrative practice and procedure, Postal Service.
Accordingly, the Postal Service proposes the following changes to
Mailing Standards of the United States Postal Service, Domestic Mail
Manual (DMM), incorporated by reference in the Code of Federal
Regulations (see 39 CFR 111.1):
PART 111--[AMENDED]
0
1. The authority citation for 39 CFR part 111 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-
1737; 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219,
3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.
0
2. Revise the following sections of Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM), as follows:
Mailing Standards of the United States Postal Service, Domestic Mail
Manual (DMM)
* * * * *
705 Advanced Preparation and Special Postage Payment Systems
* * * * *
[Insert after 705.23 the following:]
24.0 Ballot Mail for Federal Elections
24.1 Definitions
For the purposes of Section 705.24, the following definitions
apply:
a. Authorized ballot mailer means an election official of a state
or a political subdivision thereof who is responsible for sending mail-
in or absentee ballots to eligible voters of that state or political
subdivision; or an individual or entity, such as a mail service
provider, that an election official has authorized to send mail-in or
absentee ballots by mail on the election official's behalf.
b. Ballot Portal User means the chief election official of each
state and any individual or entity, such as a mail service provider or
an election official of that state or a political subdivision thereof,
authorized by the chief election official to provide information
through the Postal Service Federal Ballot Mail Portal as described in
24.4.2.b.
c. Mail-in or absentee ballot means a physical ballot, other than a
ballot provided at a designated polling place, that may be used to cast
a vote in a federal election. For the purposes of Section 705.24, a
mail-in or absentee ballot does not include a ballot mailed under
703.8.8 or 703.8.9.
d. Outbound Federal Ballot Mail means any mailpiece containing a
mail-in or absentee ballot for a federal election sent from an
authorized ballot mailer to an individual voter.
e. Return Federal Ballot Mail means any mailpiece containing a
mail-in or absentee ballot for a federal election sent from an
individual voter to an election office, or an authorized recipient of
ballot mail, of a state or a political subdivision thereof.
f. Federal election means any general, special, or runoff election
for the office of President or Vice President; or of Senator or
Representative in, or Delegate or Resident Commissioner to, the
Congress. This definition does not include primary elections.
g. State includes all 50 states, as well as the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and
the Northern Mariana Islands.
h. Intelligent Mail barcode (IMb) has the meaning provided in
204.1.2.1.
i. Official Election Mail logo is a unique registered trademark
designed exclusively for inclusion in the design of Official Election
Mail. The conditions of use are provided in Publication 631, Official
Election Mail--Graphic Guidelines and Logos.
24.2 Optional 90-Day Pre-Mailing Notice
A state's chief election official may notify the Postal Service, no
fewer than 90 days prior to a federal election, of its intent to allow
for mail-in or absentee ballots in the federal election to be
transmitted by the Postal Service. This notification should indicate
whether the state intends to submit to the Postal Service the
information described in 24.4.2.b to the Postal Service Federal Ballot
Mail Portal as set forth in 24.4.2.d.
A state's failure to provide the optional 90-day notice to the
Postal Service under 24.2 will not prevent enrollment under 24.4.
24.3 Federal Ballot Mail
24.3.1 Outbound Federal Ballot Mail Envelope Standards
Outbound Federal Ballot Mail must be mailed in an envelope that:
[[Page 32918]]
a. Includes the official Election Mail logo;
b. Is automation compatible;
c. Bears a unique IMb with the Delivery Point ZIP Code embedded and
a Federal Ballot Mail Service Type Identifier (STID); and
d. Has undergone review by the Postal Service for mailpiece design
and barcode placement.
24.3.2 Return Federal Ballot Mail Envelope Standards
Return Federal Ballot Mail must be mailed in an envelope that:
a. Includes the official Election Mail logo;
b. Is automation compatible;
c. Bears a unique IMb with the Delivery Point ZIP Code embedded and
a Federal Ballot Mail STID; and
d. Has undergone review by the Postal Service for mailpiece design
and barcode placement.
24.3.3 Authorized Ballot Mailer Responsibility
Authorized ballot mailers are responsible for barcode creation
under 24.3.1 and 24.3.2 as well as envelope design and printing for all
ballot mail.
24.3.4 Additional Recommendations
For additional information on the Postal Service's recommendations
for all ballot mail, see DMM 703.8.4.
24.4 State-Specific Mail-In and Absentee Participation Lists
24.4.1 Postal Service Federal Ballot Portal User Registration
To access the Postal Service Federal Ballot Mail Portal, each
Ballot Portal User must have a registered account. Registration must be
completed no later than two business days before an Outbound Federal
Ballot mailing. The chief election official of each state is
responsible for authorizing the Ballot Portal Users for their state
including political subdivisions thereof.
24.4.2 Enrollment
a. Any state that intends to receive mail-in or absentee ballots
from individual voters through the Postal Service must ensure that such
individuals have been enrolled with the Postal Service for inclusion on
the state's Mail-In and Absentee Participation List.
b. In order for an individual to be enrolled with the Postal
Service for inclusion on a state's Mail-In and Absentee Participation
List, a Ballot Portal User in that state must provide the following
information through the Postal Service Federal Ballot Mail Portal:
1. Name of individual receiving a mail-in or absentee ballot;
2. Address of individual receiving a mail-in or absentee ballot;
3. Unique IMb on the Outbound Federal Ballot Mail envelope sent to
the individual;
4. Unique IMb on the Return Federal Ballot Mail envelope sent to
the individual; and
5. Originating election office state.
c. An individual will be deemed enrolled with the Postal Service
for inclusion on a state's Mail-In and Absentee Participation List as
of the date that the information in 24.4.2.b is provided.
d. Ballot Portal Users must provide the information in 24.4.2.b at
least 30 days before the date of the federal election, to the extent
practicable, or by the date on which mail-in or absentee ballots may
begin to be mailed under state law. Ballot Portal Users may make
supplemental submissions to enroll additional individuals or modify
prior submissions until the last day that ballots may be mailed out to
individuals under state law. A separate submission is required in
connection with each Outbound Federal Ballot mailing, regardless of the
number of mailpieces in the mailing.
e. The information provided in 24.4.2.b must meet the Postal
Service's technical specifications for the Federal Ballot Mail Portal.
f. Ballot Portal Users must certify to the Postal Service that any
mail-in or absentee ballots their state's authorized ballot mailers
provide to the Postal Service for mailing meet the standards in 24.3.1
and 24.3.2.
24.4.3 Provision of State-Specific Lists
On or about the date of the federal election, the Postal Service
will provide a state-specific Mail-In and Absentee Participant List to
each state's chief election official that contains the name and address
of each individual in that state who was enrolled through the process
set forth in 24.4.2, along with the unique IMb associated with the
Outbound and Return Federal Ballot Mail sent to each such individual.
24.5 Outbound Federal Ballot Mail Verification
24.5.1 Procedure
Using the information provided in 24.4.2, the Postal Service will
review mailings identified as Outbound Federal Ballot Mail prior to
acceptance to evaluate whether the mailing meets the standards in
24.3.1 and is being sent to individuals who have been enrolled with the
Postal Service for inclusion on the state's Mail-In and Absentee
Participation List, consistent with the technical specifications for
the Federal Ballot Mail Portal.
24.5.2 Authorized Verification
Mailings identified as Outbound Federal Ballot Mail are verified by
Postal Service employees when presented for acceptance. Consistent with
existing Postal regulations regarding commercial postage categories,
mailings of Outbound Federal Ballot Mail with 200 or more pieces of
Marketing Mail or 500 or more pieces of First-Class Mail must be
entered at a facility that performs business mail acceptance functions.
Mailings of Outbound Federal Ballot Mail that do not meet this volume
threshold must be entered either at a facility that performs business
mail acceptance functions or at a Postal Service retail counter. Postal
Service personnel are not authorized to open mail sealed against
inspection, except under circumstances described in ASM 274. The Postal
Service's acceptance of Outbound Federal Ballot Mail does not
constitute verified compliance.
24.5.3 Noncompliance
a. Mailings that do not comply with 24.5.1 and 24.5.2 will not be
accepted and will be returned to the authorized ballot mailer. The
authorized ballot mailer or Ballot Portal User must address the
error(s) before resubmitting the mailing.
b. Mailings from any authorized ballot mailer for any state that
has not submitted a certification pursuant to 24.4.2.f will not be
accepted and will be returned to the authorized ballot mailer.
c. An authorized ballot mailer may request further review by the
Postal Service if Outbound Federal Ballot Mail is not accepted.
d. The Postal Service assumes no responsibility for any outbound
ballot mailing presented until it is accepted into the mail. The Postal
Service is not responsible for service delays when the Ballot Portal
User or authorized ballot mailer does not meet the applicable
preparation or entry standards.
e. Authorized ballot mailers must comply with all applicable postal
laws and regulations governing mailability and preparation for mailing,
as well as nonpostal laws and regulations on the possession, treatment,
transmission, or transfer of particular matter.
24.6 Non-Interference With State or Federal Election Laws
This rule relates only to the use of the U.S. Mail. The Postal
Service does not purport to alter the eligibility of any
[[Page 32919]]
individual to vote under state or federal law. The Postal Service does
not have any legal responsibility for management of state voter rolls
or administration of federal elections within each state. States are
fully responsible for the contents of each State's Mail-In and Absentee
Participation List.
Daria Valan,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2026-10968 Filed 5-29-26; 12:15 pm]
BILLING CODE 7710-12-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.