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Postal Service final rule, Ballot Mail for Federal Elections
Published by United States Postal Service on August 26, 2026.
Passages cited in the stories above
… 705.24.3.1 and 705.24.3.2 and reduces the information that is verified prior to acceptance of an Outbound Federal E:\FR\FM\26AUR1.SGM 26AUR1 khammond on DSK9W7S144PROD with RULES 54980 Federal Register / Vol. 91, No. 164 / Wednesday, August 26, 2026 / Rules and Regulations Ballot mailing. Business Mail Entry Unit (‘‘BMEU’’) technicians and Retail clerks will not perform a separate review of this information. After completing the certification, Federal Ballot Mail Portal Users must provide: the name and address of the voter as found on Outbound Federal Ballot Mail envelope; the issuing state; and the IMbs on the Outbound and Return Federal Ballot Mail envelopes. This information must be uploaded to the Portal prior to presenting Outbound Federal Ballot Mail for acceptance. These data help to ensure that the rule’s preparation standards have been satisfied, can provide valuable insight to election officials and law enforcement, and facilitate the verification process. This type of information is regularly collected by the Postal Service, including on mailing manifests. No …
… services; funerary services; babysitting. John A. Squires, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2026–17437 Filed 8–25–26; 8:45 am] BILLING CODE 3510–16–P POSTAL SERVICE 39 CFR Part 111 Ballot Mail for Federal Elections AGENCY: Postal Service. khammond on DSK9W7S144PROD with RULES ACTION: Final rule. SUMMARY: The Postal Service is amending the Mailing Standards of the United States Postal Service, Domestic Mail Manual, regarding the transmission of mail-in or absentee ballots for federal elections pursuant to its rulemaking authority. DATES: Effective August 21, 2026. VerDate Sep<11>2014 16:10 Aug 25, 2026 Jkt 268001 Keith Weidner, (202) 268–2950 or Drew Mitchum, (202) 779–2766. SUPPLEMENTARY INFORMATION: I. Background On March 31, 2026, the President issued Executive Order 14399, Ensuring Citizenship Verification and Integrity in Federal Elections, 91 FR 17125 (2026) (‘‘Executive Order’’ or ‘‘Order’’). The Executive Order stresses the federal …
… Register. The SORN provides details regarding retention periods, access, disclosure, notification, and contest procedures under 39 CFR 266.5. 91 FR 44880. The notice specifies the categories of records covered, a five-year retention period, encryption of online data transmissions, and badge- and logon-controlled access limited to personnel whose duties require it. The Postal Service can therefore confirm that no data will be collected through the Portal until a system of record (SOR) is in effect, and that records will be disclosed and maintained consistently with any final SOR, which does not allow public disclosure of the Lists. The proposed rule is also consistent with 5 U.S.C. 552a(e)(7), which applies only to records revealing ‘‘how any individual exercises rights guaranteed by the First Amendment.’’ Courts have interpreted this ‘‘how’’ to mean gathering and recording the ‘‘content’’ of …
… requires that envelopes for mailing and receiving absentee ballots under UOCAVA must contain the following words: ‘‘No Postage Necessary in the U.S. Mail—DMM 703.8.0.’’ Additionally, balloting envelopes for UOCAVA voters contain the statement: ‘‘U.S. Postage Paid 39 U.S.C. 3406.’’ These indicia enable the Postal Service to distinguish between UOCAVA ballots and ballots that fall within the scope of the rule. As explained above, UOCAVA ballots should be segregated from Outbound Federal Ballot Mail when presented for mailing. This will help ensure that both UOCAVA ballots and Outbound Federal Ballot Mail covered by the rule are properly accepted under applicable rules. Therefore, revisions to the proposed rule are unnecessary to ensure that UOCAVA ballots are distinguishable from Federal Ballot Mail. B. Primaries The Postal Service received several comments about primary elections specifically. Describing primaries as …
… 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. PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 This rule relates only to the use of the U.S. Mail. The Postal Service does not purport to alter the eligibility of any 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 E:\FR\FM\26AUR1.SGM 26AUR1 54992 Federal Register / Vol. 91, No. 164 / Wednesday, August 26, 2026 / Rules and Regulations contents of each State’s Mail-In and Absentee Participation List. * * * * * Colleen Hibbert-Kapler, …
… authorized ballot mailer does not meet the applicable preparation or entry standards. d. 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. 24.5.4 Return Federal Ballot Mail 24.5 Outbound Federal Ballot Mail Verification 705.24.5 does not apply to Return Federal Ballot Mail. 24.5.1 24.6 Non-Interference With State or Federal Election Laws 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 …
… 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. 24.5.2 54991 Authorized Verification Mailings identified as Outbound Federal Ballot Mail are verified by Postal Service employees when presented for acceptance. Outbound Federal Ballot Mail must be entered at a facility that performs business mail acceptance functions or at a Postal Service retail counter. Commercial mailings must comply with applicable requirements. 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 …
… This information must be uploaded to the Portal prior to presenting Outbound Federal Ballot Mail for acceptance. These data help to ensure that the rule’s preparation standards have been satisfied, can provide valuable insight to election officials and law enforcement, and facilitate the verification process. This type of information is regularly collected by the Postal Service, including on mailing manifests. No other voter information, such as birthdate, social security number, or other voter registration details, will be uploaded to the Portal. As described further below, the Postal Service is developing this Portal with appropriate cybersecurity and privacy safeguards to protect Portal data, consistent with applicable law. The required information can be uploaded into the Portal using an Excel template specifically formatted for Portal submission. Uploading and generating the necessary information is similar to submitting a manifest for bulk …
… Outbound Federal Ballot Mail envelope pursuant to 24.3.1; 4. Unique IMb applied on the Return Federal Ballot Mail envelope pursuant to 24.3.2; 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 VerDate Sep<11>2014 16:10 Aug 25, 2026 Jkt 268001 Absentee Participation List as of the date that the information in 24.4.2.b is provided. d. Federal Ballot Mail 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. Federal Ballot Mail 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 …
… 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 khammond on DSK9W7S144PROD with RULES 24.4.1 Postal Service Federal Ballot Mail Portal User Registration To access the Postal Service Federal Ballot Mail Portal, each Federal Ballot Mail 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 Federal Ballot Mail 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 …
… a facility that performs business mail acceptance functions or at a Postal Service retail counter. Commercial mailings must comply with applicable requirements. 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 Federal Ballot Mail Portal User must address the error(s) before resubmitting the mailing. b. An authorized ballot mailer may request further review by the Postal Service if Outbound Federal Ballot Mail is not accepted. c. The Postal Service assumes no responsibility for any outbound ballot mailing presented until it is accepted into the mail. The Postal Service is not …
… Mail Portal that any mail-in or absentee ballots their state’s authorized ballot mailers provide to the Postal Service for mailing have been submitted for review and that they have received feedback consistent with 24.3.1 and 24.3.2 Federal Ballot Mail Portal Users will not be able to enter the information in 24.4.2.b into the Federal Ballot Mail Portal if the certification is incomplete. 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. 24.5.2 54991 Authorized Verification Mailings identified as Outbound Federal Ballot Mail are verified by Postal Service employees when presented for acceptance. Outbound …
… 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 …
… Return Federal Ballot Mail must be mailed in an envelope that: a. Includes the official Election Mail logo; b. Is automation compatible; and E:\FR\FM\26AUR1.SGM 26AUR1 Federal Register / Vol. 91, No. 164 / Wednesday, August 26, 2026 / Rules and Regulations c. Bears the voter’s unique IMb, as created by the Authorized Ballot Mailer, with the Delivery Point ZIP Code embedded and a Federal Ballot Mail STID. Return Federal Ballot Mail envelopes must be submitted to the Postal Service for mailpiece design review and feedback. 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 khammond on DSK9W7S144PROD with RULES …
… Federal Ballot mailing until it has been accepted by the Postal Service. G. State-Specific Mail-In and Absentee Participation List On or about Election Day, the Postal Service will generate a state-specific Mail-In and Absentee Participation List, which compiles all Federal Ballot Mail Portal entries submitted for the originating state. This list will be securely transmitted to the chief election official of each state. The Postal Service will not disclose the Lists to the public. The List is in effect a manifest, and is primarily intended to assist election officials and law enforcement to understand who may have been mailed a ballot, in order to identify potentially anomalous incidents that may merit further investigation. Providing the list on or after Election Day is consistent with this purpose. To be clear, the state-specific Lists are not intended to substitute for or …
… Publication of the SOR will occur on or after August 17, 2026 (pending the Postal Service’s separate consideration of the comments on that SOR proposal). Finally, the terms ‘‘mail-in ballot’’ and ‘‘absentee ballot’’ are synonymous and interchangeable for the purposes of this rule. These terms include any ballot sent through the U.S. Mail, irrespective of state law terminology. II. Overview of Comments The Postal Service received more than 200,000 responses during the comment period. These comments consisted primarily of form letters that appeared to be drawn from templates; brief statements of general support for or opposition to the proposed rule; and individualized messages from concerned citizens. Additionally, organizational commenters individually and jointly submitted over 250 letters. This group of commenters included postal unions; federal, state, local, and tribal officials, including state attorneys …
… misuse, breach, or political targeting.’’ The Notice of Proposed Rulemaking indicated that ‘‘steps necessary for the creation of a new SORN in accordance with the Privacy Act’’ would be initiated. 91 FR 32971. On July 17, 2026, the SORN was published in the Federal Register. The SORN provides details regarding retention periods, access, disclosure, notification, and contest procedures under 39 CFR 266.5. 91 FR 44880. The notice specifies the categories of records covered, a five-year retention period, encryption of online data transmissions, and badge- and logon-controlled access limited to personnel whose duties require it. The Postal Service can therefore confirm that no data will be collected through the Portal until a system of record (SOR) is in effect, and that records will be disclosed and maintained consistently with any final SOR, which does not allow public disclosure of the Lists. The proposed rule is also consistent with 5 U.S.C. 552a(e)(7), which applies only to records revealing ‘‘how any individual exercises rights guaranteed …
… (‘‘DMM’’), incorporated by reference in the Code of Federal Regulations, set forth in the proposed rule. The comment period closed on July 2, 2026. To ensure the faithful execution of federal law in connection with federal elections, this rule has an immediate effective date. Delaying the effective date would jeopardize implementation of this rule in time for the 2026 general election, which will be held on November 3, 2026. Given injunctions currently in place in State of California v. Trump, No. 26–cv–11581 (D. Mass. June 25, 2026), and League of Women Voters of Massachusetts v. Trump, No. 26–cv–11549 (D. Mass. Aug. 11, 2026), the Postal Service will not take actions to implement the rule specifically for the 2026 election unless and until the government obtains relief from those injunctions. If the government obtains timely relief from the injunctions, implementation immediately thereafter PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 will provide election officials as much time as possible before the next election to comply with the rule’s preparation standards for Federal Ballot Mail envelopes, and to prepare to submit data to the Federal Ballot Mail Portal (‘‘Portal’’), before the mail-in and …
… BILLING CODE 3510–16–P POSTAL SERVICE 39 CFR Part 111 Ballot Mail for Federal Elections AGENCY: Postal Service. khammond on DSK9W7S144PROD with RULES ACTION: Final rule. SUMMARY: The Postal Service is amending the Mailing Standards of the United States Postal Service, Domestic Mail Manual, regarding the transmission of mail-in or absentee ballots for federal elections pursuant to its rulemaking authority. DATES: Effective August 21, 2026. VerDate Sep<11>2014 16:10 Aug 25, 2026 Jkt 268001 Keith Weidner, (202) 268–2950 or Drew Mitchum, (202) 779–2766. SUPPLEMENTARY INFORMATION: I. Background On March 31, 2026, the President issued Executive Order 14399, Ensuring Citizenship Verification and Integrity in Federal Elections, 91 FR 17125 (2026) (‘‘Executive Order’’ or ‘‘Order’’). The Executive Order stresses the federal government’s ‘‘unavoidable duty under …
… absentee voting will continue to be governed by state law; state and local election officials will still determine which individuals are eligible under these laws; and state and local election officials will determine whether completed ballots are eligible to be counted. To repeat, the Postal Service will not play any role in determining voter eligibility, maintaining voter rolls, or counting ballots. The Postal Service will not open ballot mail, including Federal Ballot Mail; will not know the contents of a ballot; will not know how an individual voted; and will not know an individual’s political party affiliation. However, as many commenters acknowledged, and consistent with the stated authority above, the Postal Service will generally not accept Outbound Federal Ballot mailings unless compliance with the rule’s new standards has been verified, as further detailed below and in the final rule. B. Optional 90-Day Pre-Mailing Notice Section 705.24.2 of the rule creates an optional process through which a state’s …
… Federal Register / Vol. 91, No. 164 / Wednesday, August 26, 2026 / Rules and Regulations khammond on DSK9W7S144PROD with RULES like students, the homeless, the elderly, renters, or people whose mailing addresses do not match identically with government records, should not experience delivery issues under the rule so long as their state or local election official has their current mailing address. The Postal Service will not be comparing any data entered into the Portal against state voter rolls as part of the verification process or otherwise. This means that state election officials will maintain full control over managing their own voter rolls and determining voter eligibility without any interference or involvement from the Postal Service. All data or changes submitted by Federal Ballot Mail Portal Users will be accepted. The possibility that the Portal may, therefore, be overinclusive does not undermine the purposes of the rule as the State Mail-In and Absentee …
… enter and move through the mailstream as it has in prior elections. It will not be intercepted, returned, or delayed due to the rule. E:\FR\FM\26AUR1.SGM 26AUR1 khammond on DSK9W7S144PROD with RULES 54982 Federal Register / Vol. 91, No. 164 / Wednesday, August 26, 2026 / Rules and Regulations The verification process does not entail scrutiny into, or any attempt to evaluate, individual voters. The Postal Service is not verifying addresses, names, voter eligibility, or citizenship status as part of this verification process. As noted above, Portal data will be regularly refreshed to minimize the risk that the verification process incorrectly flags, delays, or disrupts lawful federal ballot materials. Verification under DMM 705.24.5 is done only for Outbound Federal Ballot mailings. If a voter chooses to return their completed ballot by mail, they should use the Federal Return Ballot Mail envelope provided by their state; …
… 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: a. Includes the official Election Mail logo; b. Is automation compatible; and c. Bears the voter’s unique IMb, as created by the Authorized Ballot Mailer, with the Delivery Point ZIP Code embedded and a Federal Ballot Mail Service Type Identifier (STID). Outbound Federal Ballot Mail envelopes must be submitted to the Postal Service for mailpiece design review and feedback. 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; and E:\FR\FM\26AUR1.SGM 26AUR1 Federal Register / Vol. 91, No. 164 / Wednesday, August 26, 2026 / Rules and Regulations c. Bears the voter’s unique IMb, as created by the Authorized Ballot Mailer, with the Delivery Point ZIP Code …
… 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: a. Includes the official Election Mail logo; b. Is automation compatible; and c. Bears the voter’s unique IMb, as created by the Authorized Ballot Mailer, with the Delivery Point ZIP Code embedded and a Federal Ballot Mail Service Type Identifier (STID). Outbound Federal Ballot Mail envelopes must be submitted to the Postal Service for mailpiece design review and feedback. 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; and E:\FR\FM\26AUR1.SGM 26AUR1 Federal Register / Vol. 91, No. 164 / Wednesday, August 26, 2026 / Rules and Regulations …
… 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: a. Includes the official Election Mail logo; b. Is automation compatible; and c. Bears the voter’s unique IMb, as created by the Authorized Ballot Mailer, with the Delivery Point ZIP Code embedded and a Federal Ballot Mail Service Type Identifier (STID). …
… absentee ballot for a federal election sent from an individual voter to an election office, or an authorized PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 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, …
54966 Federal Register / Vol. 91, No. 164 / Wednesday, August 26, 2026 / Rules and Regulations cigarettes and oral vaporizers for smokers; smokers’ articles; matches. FOR FURTHER INFORMATION CONTACT: Services 35. Advertising; business management, organization and administration; office functions. 36. Financial, monetary and banking services; insurance services; real estate services. 37. Construction services; installation and repair services; mining extraction, oil and gas drilling. …
54966 Federal Register / Vol. 91, No. 164 / Wednesday, August 26, 2026 / Rules and Regulations cigarettes and oral vaporizers for smokers; smokers’ articles; matches. FOR FURTHER INFORMATION CONTACT: Services 35. Advertising; business management, organization and administration; office functions. 36. Financial, monetary and banking services; insurance services; real estate services. 37. Construction services; installation and repair services; mining extraction, oil and gas drilling. …
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