AG Nessel: Court Grants Emergency Stay for 'Unlawful' USPS Mail Ballot Rule
August 28, 2026
Jessica Mathews / news@whmi.com
The U.S. District Court for the District of Massachusetts late Thursday granted a Temporary Restraining Order, effectively halting implementation of most of the United States Postal Service newly promulgated mail ballot rule.
The rule would have required states to enroll every registered voter who will receive a mail ballot with the USPS and established new design requirements for state ballot envelopes, all within a matter of days.
"This rule not only intrudes upon states’ constitutional authority over election administration, it also threatens Michigan’s ability to meet statutory deadlines by imposing burdensome requirements for the distribution of absentee ballots just weeks before they are mailed to military voters,” said Michigan Attorney General Dana Nessel. “I am pleased the Court recognized the urgency of the situation and acted quickly to grant the states’ relief while the matter is considered by the Court.”
On August 26, 2026, Michigan, along with 24 states, filed a lawsuit against the USPS challenging the rule, hours after it was issued. The rule unlawfully sought to take the authority to regulate mail voting from the states.
The coalition argues tens of millions of voters across the country rely on mail ballots, and the coalition argues that USPS’s rule would prevent states from effectively administering their mail voting programs, putting voters at risk of being disenfranchised.
In 2018, Michigan amended its state constitution to allow for no-reason absentee voting, and registered voters may choose to be placed on a permanent mail ballot list. In the 2024 general election, 2,232,721 Michiganders voted by mail, accounting for 39% of votes in that election.