July 1, 2026
Director
Product Classification
U.S. Postal Service
475 L’Enfant Plaza SW, Room 4446
Washington, DC 20260-5015
RE: Public Comment in Response to Ballot Mail for Federal Elections [2026-10968]
We, the Members of the Michigan House Democratic Caucus, appreciate the opportunity to comment on the proposed USPS rules regarding ballot mail for federal elections. We express our significant concerns and stern opposition to this proposed rule because it violates the separation of powers and various voting rights of the United States Constitution and the Michigan State Constitution and threatens to disenfranchise millions of eligible voters.
Article I, Section 4 of the United States Constitution is clear – the power to regulate and administer the time, place, and manner of elections is held by the States and not the federal government. States adhere to their own election laws and administrative rules, including requirements regarding the use of absentee ballots or other mail-in voting options. In Michigan, Article II § 4 of the Michigan State Constitution explicitly provides that every U.S. citizen who is a qualified elector in the state shall have the right “to vote an absent voter ballot without giving a reason” including the ability to be placed on a permanent absent voter ballot list to ensure the elector receives an absentee ballot for each subsequent election. These rights were added to the State Constitution via an overwhelmingly supported ballot proposal, signifying that Michiganders are passionate about protecting access to the ballot box and the benefits of mail-in voting options. Frankly, this USPS proposed rule is a significant unconstitutional overreach from the federal government, especially from an agency such as USPS with no legal authority or experience in election administration.
Relying upon the authority and directive of President Trump’s Executive Order 14399 “Ensuring Citizenship Verification and Integrity in Federal Elections”, DMM 705.24.4 of the proposed rule establishes a process by which State election officials notify USPS of all the individuals to whom they are mailing an absentee ballot, along with the unique barcode assigned to each person. Once that list is received, USPS would compile a “final State-Specific-Mail-In and Absentee Participation List” with the names of the “enrolled” individuals and provide the list to each State. DMM 24.5.1 requires USPS to review outbound election mail to evaluate whether an intended recipient is properly enrolled prior to the acceptance of the mail. If these requirements are not complied with or the voter is not properly enrolled, then DMM 24.5.3 prohibits the election mail from being accepted and delivered and instead requires USPS to return the mailing to the authorized ballot mailer. The creation of and required participation in a federal mail-in participation list places further unconstitutional, unnecessary, and burdensome requirements upon State officials to continue administering elections in compliance with the constitutional right to vote, particularly the right to vote absentee. Additionally, at least one federal court recently held, in a case brought by 23 States and the District of Columbia, that Sections 2 and 3 of President Trump’s Executive Order, which require the establishment and transmission of the state citizenship lists and require the Postmaster General to initiate proposed rulemaking to implement the order, are “legally void” and “violate the separation of powers” doctrine of the U.S. Constitution. California v Trump, et al, No. 1:26-cv-11581, (D. Mass. 2026).
Michigan election officials already maintain absentee voter lists to ensure all individuals requesting an absentee ballot receive one. In Michigan this is largely managed at the local level involving thousands of county, township, and city clerks. It is burdensome and unnecessary to require any State give a list of electors to USPS just for USPS to return a duplicative master list, but in Michigan particularly, there would be significant room for error given the unique decentralized nature of our elections. There is no legitimate reason for USPS to have this voter information – States have the constitutional authority to administer elections; States already have processes in place to maintain absentee voter lists and have their own laws regarding eligibility for absentee voting. Through this proposed rule, the federal government and USPS are both overstepping their authority and complicating their only role in elections, which is delivering election mail in a timely and efficient manner.
Lastly, DMM 24.3 of the proposed rule would require various design requirements for ballot mail envelopes, including certain logo signifiers, automation compatibility, unique barcodes, and other review processes. Many of these requirements are already in place and States, including Michigan, have had their election mail envelopes and materials reviewed by USPS previously. It is unclear what changes USPS will make to the logo and barcode placements and automation compatibility requirements, but any changes to already approved design features will result in undeliverable absentee ballots and the disenfranchisement of millions of eligible voters because under DMM 25.5.3 these mail-in ballots will not be received, processed, or delivered by USPS.
In summary, we strongly oppose the USPS proposed rule on Ballot Mail for Federal Elections [2026-10968] as it clearly violates both the United States Constitution and Michigan Constitution, attempts to give the federal government and USPS broad authority to interfere with State election administration, and creates burdensome and unnecessary standards for the acceptance and delivery of vital mail-in ballots that millions of people rely upon to cast their vote. In Michigan, we have worked tirelessly to protect all eligible Michiganders’ right to vote and improve access to the ballot box. In Michigan, we trust our State and local election officials who have dedicated their careers to election administrative and public service. This proposed rule does not solve an existing problem, but instead will create chaos, confusion, logistical
difficulties, and will undermine core democratic values, such as the separation of powers and the fundamental right to vote.
Thank you for this opportunity to share our concerns and we urge USPS to rescind this proposed rule.
Sincerely,
