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Privacy Act response to comments on USPS 820.225
United States Postal Service · 2026-09-01
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56368 Federal Register / Vol. 91, No. 168 / Tuesday, September 1, 2026 / Notices
POSTAL SERVICE amendments to the DMM regarding the mail-in ballot’s contents, review of
transmission of mail-in or absentee individual voter’s eligibility, or auditing
Privacy Act of 1974; System of ballots for federal elections. The of state voter rolls. It instead focuses
Records publication of an SOR in the Federal exclusively on exterior mailpiece
AGENCY: Postal Service.
Register complies with Privacy Act criteria and barcode scan data.
requirements to promote transparency 2. Question 2: 3 Does the Executive
ACTION: Notice of new system of records; Order provide the authority for the new
and provide notice to individuals about
response to comments. the maintenance of a System of Records DMM section regarding Ballot Mail for
SUMMARY: The United States Postal by a Federal agency, including but not Federal Elections?
Service (USPS) is responding to public limited to information that will be Answer: No. The Postal Service relied
comments regarding the creation of a collected and stored, what it will be on existing statutory authority to
new General Privacy Act System of used for, the authority for collection and promulgate the Final Rule. 91 FR
Records (SOR) USPS 820.225, Federal usage of the information, how the 94968–94977. Executive Order 14399
Ballot Mail. The new SOR coincides information may be disclosed and how was relevant to the Postal Service’s
with the Postal Service’s publication of long it will be retained. consideration of this subject and began
the Final Rule amending the Mailing The Postal Service provides the the deliberative process that is now
Standards of the United States Postal following responses to the comments resulting in this rule. While the
Service, Domestic Mail Manual (DMM), received pursuant to its Federal Executive Order did not mandate a final
regarding the transmission of mail-in or Register notice, Document Citation 91 rule, the Postal Service determined that,
absentee ballots for federal elections. FR 44880, for the creation of the new to help achieve the goals articulated by
The Postal Service created the SOR to SOR, USPS 820.225 Federal Ballot Mail. the Order as necessary to faithfully
maintain a list of individuals, each Most commenters discussed Executive execute federal law and also to advance
individual’s address, the unique Order 14399, Ensuring Citizenship the Postal Service’s operational
Intelligent Mail barcodes printed on Verification and Integrity in Federal interests, it is appropriate to exercise its
each individual’s outbound and return Elections, and the related changes to the statutory and regulatory authority to
ballot envelope for a federal election, DMM, rather than the System of Record promulgate the Final Rule, which is
and the state or political subdivision at issue here. This includes commenters consistent with the Postal Service’s
thereof that issued such ballot for referring to, or appending, their longstanding best practice
inclusion on a state’s Mail-in and comments submitted in response to the recommendations for ballot mail.
Absentee Participation List, as required related changes to the DMM. While not As set forth in the Final Rule, see 91
by the new DMM section. There will be relevant to the topic, the Postal Service FR at 54971–72, 39 U.S.C. 401(2)
no changes to the new system of records will briefly address each comment in authorizes the Postal Service ‘‘to adopt,
turn out of respect for commenters.1 The amend, and repeal such rules and
in light of public comments received.
Postal Service also refers those regulations, not inconsistent with this
DATES: The new General Privacy Act
commenters to our Final Rule in that title, as may be necessary in the
System of Records (SOR) USPS 820.225, execution of its functions under this
Federal Ballot Mail was scheduled to be rulemaking for a more fulsome response
to these topics. Ballot Mail for Federal title and such other functions as may be
effective without further notice on the assigned to the Postal Service under any
latest of (1) 30 days from the publication Elections, 91 FR 54966 (August 26,
2026). provisions of law outside of this title,’’
date of the notice, if no comments were and further grants the Postal Service ‘‘all
received; (2) the publication date of the 1. Question 1: 2 Does the new DMM
section regarding Ballot Mail for Federal other powers incidental, necessary, or
Postal Service’s responses to comments appropriate to the carrying on of its
received (which would under no Elections usurp state authority over
elections? functions or the exercise of its specific
circumstances be published prior to 30 powers,’’ id. § 401(10). Furthermore,
days from the publication date of the Answer: No. Neither the SOR, nor the
DMM language, usurps such authority. Section 404 grants the Postal Service
notice); or (3) the effective date of any specific powers, including the power
final rule amending the DMM with The rule does not recast the Postal
Service as an election administrator, ‘‘to provide for the collection, handling,
respect to ballots for federal elections. transportation, delivery, forwarding,
As comments were received, and and does not dictate the manner of
elections in the states. On the contrary, returning, and holding of mail, and for
consistent with (2) above, the SOR is the disposition of undeliverable mail.’’
effective with this publication of the it sets forth mailpiece design and data
reporting standards tied to the use of the Id. § 404(a)(1). Setting mail preparation
Postal Service’s responses to comments and acceptance standards and data-
received (which is more than 30 days mail. States maintain complete control
over their own voter registration rolls, reporting standards for a defined
from July 17, 2026, the publication date category of mail fits squarely within this
of the SOR notice). deciding who within their jurisdiction
is eligible to vote by mail. States also statutory authority.
The Final Rule was effective August In short, the Final Rule prescribes
21, 2026, and published in the Federal retain complete autonomy to determine
tailored requirements regarding the use
Register on August 26, 2026. Ballot Mail the extent to which they utilize the
of the mail—the design of Federal Ballot
for Federal Elections, 91 FR 54966 postal system as an aspect of their
Mail envelopes and the provision of
(August 26, 2026). elections.
The new DMM language does not mailpiece-level data concerning such
FOR FURTHER INFORMATION CONTACT: ballot mailings—to help both ensure the
involve or authorize inspection of a
Privacy Office, 202–268–2000, or faithful execution of federal law and
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USPSPrivacyFedRegNotice@usps.gov. 1 The Postal Service provides these responses to advance the Postal Service’s ability to
SUPPLEMENTARY INFORMATION: On July implied questions contained in comments from efficiently handle Federal Ballot Mail,
17, 2026, the Postal Service published a commenters, as identified in subsequent footnotes.
2 Letter comments of the State of Utah (Aug. 17, 3 Letter comments of a coalition of 24 state
Federal Register notice about its intent
2026); Joshua Thornton (Jul. 17 2026); a coalition attorneys general (Aug. 14, 2026); the League of
to create a new system of records, USPS of 24 state attorneys general (Aug. 14, 2026); and Women Voters and a coalition of organizations
820.225, Federal Ballot Mail, to provide the Campaign Legal Center/Democracy Defenders (Aug. 14, 2026); and the Campaign Legal Center/
notice to the public and to support the Fund (Aug. 14, 2026). Democracy Defenders Fund (Aug. 14, 2026).
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Federal Register / Vol. 91, No. 168 / Tuesday, September 1, 2026 / Notices 56369
consistent with its statutory functions. Answer: No. Again, states maintain Participation Lists indicate whether a
See, e.g., 91 FR at 54972, 54985. complete control over their own voter state planned to mail a blank ballot to
3. Question 3: 4 Does the Postal registration rolls, deciding who within any given individual. This information
Service possess the requisite statutory their jurisdiction is eligible to vote by does not describe ‘‘the content’’ of
authority to collect the information mail. States also retain complete expressive activity under the First
noticed in the SOR? autonomy to determine the extent to Amendment, but simply indicates the
Answer: Yes. The information noticed which they utilize the postal system as specific means by which an individual
in the SOR is information that is visible an aspect of their elections. Moreover, may have chosen to receive or return
on the outside of mailpieces submitted the Final Rule’s requirement to report their ballot.
to the Postal Service for delivery—that mail piece-level data into the Federal The Postal Service is not collecting or
is, the names and addresses of mail Ballot Mail Portal is not tantamount to recording party affiliation and will not
recipients and the barcodes associated election gatekeeping or administration. inspect ballot contents. Postal Service
with mailpieces. The Postal Service has States determine who is enrolled in personnel are not authorized to open
the statutory authority to set forth mail their respective Mail-In and Absentee mail sealed against inspection. Instead,
preparation, acceptance, and entry Participation Lists. The Final Rule through the Federal Ballot Mail Portal,
standards that are necessary to achieve requires that states provide to the Postal the Postal Service will maintain only
the functions assigned to it by law, Service certain information inscribed on data of the sort that is routinely
which include delivery of mail the Outbound and Return Federal Ballot generated for mail from the exterior of
(including sensitive mail) and Mail envelopes that they mail to voters, the mailpiece, including addressing and
investigation into the potential misuse prior to or at the time of the outbound barcode information.
of the mail. See 39 U.S.C. 401(2); cf. 18 mailing. This information, which 9. Question 9: 10 Are the disclosures
U.S.C. 3061(b); 52 U.S.C. 10307, 20511. necessarily lies in the states’ possession, noted in the SOR in scope for Postal
4. Question 4: 5 Does the new DMM would not be subject to revision by the Service authority?
section regarding Ballot Mail for Federal Postal Service. Eligible voters will Answer: Yes, the disclosures within
Elections violate federal elections law? therefore be listed by and at the the SOR, including the provision
Answer: No. The new DMM section discretion of election officials, and the allowing disclosure to law enforcement
regulates the use of the mail, and does Postal Service will not second-guess the and government agencies, are consistent
not interfere with or supplant the states’ submissions. with standard authorized uses
schemes established under federal 7. Question 7: 8 Are the Postal represented in the Federal Register and
election law. The rule requires merely Service’s SOR and rule arbitrary and otherwise stated in the USPS AS–353,
that states that choose to use the U.S. capricious under the APA? Guide to Privacy, the Freedom of
mail as part of their elections adhere to Answer: No, the Postal Service has Information Act, and Records
certain standard mailpiece design and considered, evaluated, and responded to Management. Records will only be
data reporting standards when sending all significant comments, and has disclosed if the disclosure is in line
Federal Ballot Mail. thoroughly explained the reasons why with a Postal Service routine use or a
5. Question 5: 6 Does this SOR violate the Postal Service is implementing the Privacy Act authorized use and that
any current injunctions? rule, and this related SOR. disclosure is related to the purpose for
Answer: No. The government obtained Moreover, in the context of the instant which it was collected, as identified in
relief from previous injunctions that had rulemaking, the Postal Service is not the Purposes section of the SOR.
subject to the APA. See 39 U.S.C. 410(a), 10. Question 10: 11 Is the record access
precluded implementation of any final
3001(m). provision sufficient under the Privacy
rule governing ballot mail for the
8. Question 8: 9 Does this SOR violate Act?
November 3, 2026 election. No court Answer: Yes. Record access
the First Amendment provision of the
order in place at the time of publication provisions within the context of this
Privacy Act?
prevents publication of the SOR itself. SOR remain the same as those in other
Answer: No. As explained in the Rule,
The SOR, which does not alter the DMM Postal Service SORs. Those seeking
see 91 FR at 54970, the Privacy Act
or any election rules, simply provides access to their records may utilize the
provision regarding First Amendment
notice as to how information regarding notification procedures identified in the
activity, 5 U.S.C. 552a(e)(7), prohibits
federal ballots collected pursuant to the SOR and their access will be treated the
the gathering and maintaining of records
DMM provisions (including voluntary same as any other SOR, to extent that
indicating ‘‘how any individual
use of certain provisions) will be the records belong to the Postal Service
exercises rights guaranteed by the First
handled consistent with the Privacy and not to another entity.
Amendment.’’ Courts have interpreted
Act. 11. Question 11: 12 Does the SOR
this prohibition to encompass the
6. Question 6: 7 Is the Postal Service appropriately disclose the intended data
‘‘content’’ of an individual’s exercise of
acting as an election gatekeeper? their First Amendment rights (i.e., the sharing with the Department of
4 Letter comments of the State of Utah (Aug. 17,
content of an individual’s ballot, and Homeland Security?
2026); Joshua Thornton (Jul. 17 2026); a coalition thus the candidate for which an Answer: This question reflects a
of 12 secretaries of state (Aug. 13, 2026); a coalition individual voted). That is not the type misunderstanding of the new DMM
of 24 state attorneys general (Aug. 14, 2026); and of information being collected under the
the Campaign Legal Center/Democracy Defenders 10 Letter comments of a coalition of 24 state
Fund (Aug. 14, 2026).
rule or maintained by the SOR. The
attorneys general (Aug. 14, 2026); Jo Panitch (July
5 Letter comments of the League of Women Voters state-specific Mail-In and Absentee 2, 2026); and a coalition of 12 secretaries of state
and a coalition of organizations (Aug. 14, 2026); (Aug. 13, 2026).
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Joshua Thornton (Jul. 17 2026); a coalition of 24 Legal Center/Democracy Defenders Fund (Aug. 14, 11 Letter comments of a coalition of 12 secretaries
state attorneys general (Aug. 14, 2026); and the 2026). of state (Aug. 13, 2026) and a coalition of 24 state
Campaign Legal Center/Democracy Defenders Fund 8 Letter comments of Joshua Thornton (Jul. 17, attorneys general (Aug. 14, 2026).
(Aug. 14, 2026). 2026). 12 Letter comments of the League of Women
6 Letter comments of the Campaign Legal Center/ 9 Letter comments of a coalition of 24 state Voters and a coalition of organizations (Aug. 14,
Democracy Defenders Fund (Aug. 14, 2026). attorneys general (Aug. 14, 2026); a coalition of 12 2026); a coalition of 24 state attorneys general (Aug.
7 Letter comments of a coalition of 24 state secretaries of state (Aug. 13, 2026); and Joshua 14, 2026); and a coalition of 12 secretaries of state
attorneys general (Aug. 14, 2026); and the Campaign Thornton (Jul. 17, 2026). (Aug. 13, 2026).
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56370 Federal Register / Vol. 91, No. 168 / Tuesday, September 1, 2026 / Notices
language and the SOR. Neither the Answer: The Postal Service has long as they do not collect or receive
DMM language, nor the SOR, analyzed the use and business need for data outlined in the SOR. The Federal
contemplate intended data sharing with the records that are being collected. Ballot Mail Portal will contain the
the Department of Homeland Security. These records are retained for the second disclosure, in the form of a
To the extent that the Department of minimum amount of time necessary to Privacy Act Statement.
Homeland Security has a law accomplish the business needs for this
19. Question 19: 20 Does this SOR
enforcement need for the data covered function.
by the SOR, disclosure would be 16. Question 16: 17 Are the technical interfere with the Postal Service’s
authorized by either Authorized Use 7, safeguards sufficient under the Privacy obligations to deliver the mail?
under the Privacy Act, or standard Act? Answer: No. The SOR permits the
routine use 2, as listed in the AS–353, Answer: Yes. The Privacy Act requires Postal Service to maintain certain
Guide to Privacy, the Freedom of only that agencies maintaining records information; it does not implicate postal
Information Act, and Records on individuals establish appropriate operations. Moreover, under the new
Management. technical safeguards, and the Postal DMM provision, once Federal Ballot
12. Question 12: 13 Does the SOR Service has satisfied this obligation. The Mail enters the mailstream, it will be
appropriately take into account the Data Act does not, however, require that the processed and delivered consistently
Integrity Board? SOR itself disclose the specifics of those with current operational practices.
Answer: The role of Data Integrity safeguards, which are appropriately left Furthermore, while the Postal Service’s
Boards is to monitor computer matching to agency discretion. The SOR identifies
agreements with other agencies. The existing processes are designed to
the general data elements to be collected support the timely delivery and smooth
Data Integrity Board does not have a role as associated with the Federal Ballot
in routine collection of information that processing of ballot mail, it has long
Mail Portal and discusses the requisite recognized that across-the-board
the Postal Service requires to perform its safeguarding of this information. Laying
necessary functions. compliance with its longstanding best-
out the precise safeguards would place
13. Question 13: 14 Does the SOR practice recommendations would
the data at risk, and thus the Postal
establish the accuracy of records? Service declines to do so. further improve efficient handling,
Answer: No. States maintain complete 17. Question 17: 18 Does this SOR processing, and delivery. The Final
control over their own voter registration Rule’s mailpiece design requirements
stifle voting based on race, age and
rolls, deciding who within their will thus help ensure timely delivery of
domicile?
jurisdiction is eligible to vote by mail. Answer: No. The Final Rule sets forth ballot mail to and from voters, thereby
The Postal Service will exercise no advancing execution of the Postal
neutral, uniform, and non-
discretion or authority over whether an Service’s statutory obligations.
discriminatory mailpiece design and
individual should or should not be on
data reporting standards that apply 20. Question 20: 21 Is this SOR a
the list a state provides, and the Postal
uniformly to all Federal Ballot Mail. violation of the Postal Service’s privacy
Service will not second-guess the states’
Indeed, the Final Rule applies objective policy?
submissions.
14. Question 14: 15 Does the exclusion requirements to all Outbound and
Answer: No. The Postal Service’s
of non-listed voters imply inaccurate Return Federal Ballot Mail envelopes
without distinction, and the data entry USPS.com Privacy Policy outlines how
and untimely databases? the Postal Service handles information
Answer: This question reflects a and verification processes likewise
apply equally to all states and all arising from the use of its website and
misunderstanding of the new DMM web resources. The Postal Service’s
language and the SOR. States maintain voters—regardless of race, age, or
domicile. Accordingly, the rule and this Privacy Policy represents the Postal
complete control over their own voter Service voluntarily aligning with some
registration rolls, deciding who within corresponding SOR are neutral on their
face and uniform in application. relevant disclosures within the E-
their jurisdiction is eligible to vote by
18. Question 18: 19 Would this SOR Government Act. Although the Postal
mail. The Postal Service will exercise no
discretion or authority over whether an take too long to implement? Service is not required to comply with
individual should or should not be on Answer: No. This SOR reflects one of the E-Government Act, in some
the list a state provides. two disclosures required by the Privacy instances the Postal Service has aligned
15. Question 15: 16 Are the records Act before the Postal Service may begin with certain portions to ensure
retained for an inappropriate length of receipt of the information identified, or transparency. The SOR is released
time? collect the information required for under the Privacy Act of 1974 and does
Federal Ballot Mail Portal access. not in any way relate to the Postal
13 Letter comments of the League of Women General technical architecting, Service’s partial, voluntary alignment
Voters and a coalition of organizations (Aug. 14, transmission agreements, and other with the E-Government Act.
2026).
14 Letter comments of the League of Women
underlying work are able to proceed so
Kevin Rayburn,
Voters and a coalition of organizations (Aug. 14,
2026); a coalition of 24 state attorneys general (Aug. 17 Letter comments of a coalition of 12 secretaries Attorney, Ethics and Legal Compliance.
14, 2026); and the Campaign Legal Center/ of state (Aug. 13, 2026) and a coalition of 24 state [FR Doc. 2026–17986 Filed 8–31–26; 2:30 pm]
Democracy Defenders Fund (Aug. 14, 2026). attorneys general (Aug. 14, 2026).
15 Letter comments of the Campaign Legal Center/ 18 Letter comments of the League of Women BILLING CODE 7710–12–P
Democracy Defenders Fund (Aug. 14, 2026). Voters and a coalition of organizations (Aug. 14,
16 Letter comments of Joshua Thornton (Jul. 17, 2026); 20 Letter comment of Karen Williams (July 21,
2026); a coalition of 12 secretaries of state (Aug. 13, 19 Letter comments of the Campaign Legal Center/ 2026).
lotter on DSK8BHNXB4PROD with NOTICES2
2026); Democracy Defenders Fund (Aug. 14, 2026). 21 Letter comment of Jo Panitch (July 2, 2026).
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