The U.S. Postal Service has adopted a new rule that could create doubt about whether some ballots mailed by voters by Election Day will receive postmarks in time to be counted.
A USPS rule that took effect on Dec. 24 says mail might not receive a postmark on the same day the agency takes possession of it. The postal service says it isn’t changing its existing postmark practices and is merely clarifying its policy, but some election officials have looked to postmarks as a guarantee that mail ballots were cast before polls closed.
The new rule holds implications for 14 states and Washington, D.C., that count ballots arriving after Election Day if they are postmarked on or before that day — commonly called a “ballot grace period.” In these states, ballots placed in the mail by voters before the deadline may not be counted if the postal service applies a postmark after Election Day.
The USPS rule says that “the postmark date does not necessarily indicate the first day that the Postal Service had possession of the mailpiece.”
The USPS rule comes as the U.S. Supreme Court prepares to consider a case that could eliminate ballot grace periods nationwide. The court’s decision, expected late this spring or next summer, could render the issues raised by the postmark rule moot.
Mail-in voting surged in 2020’s general election amid the COVID-19 pandemic, when 43% of voters cast their votes by mail. The percentage of voters mailing their ballots has fallen from that peak but remains above pre-pandemic levels. About 30% of voters cast mail ballots in 2024, according to data gathered by the U.S. Election Assistance Commission.
While the vast majority of mail ballots were successfully cast last year, hundreds of thousands weren’t counted. During the 2024 election, 584,463 mail ballots returned by voters were rejected by election officials — 1.2% of returned mail ballots. About 18% of those ballots were rejected because they didn’t arrive on time.
The USPS defended the change in a lengthy response to criticisms published in the Federal Register. The agency emphasized that it does not administer elections and doesn’t advocate for or against voting by mail.
The postal service repeated its advice that voters mail their completed ballots at least a week before Election Day. And it noted that voters may request a manual postmark at their local post office free of charge.
“If customers are aware that the postmark date may not align with the date on which the Postal Service first accepted possession of a mailpiece, they will be better equipped to adjust their plans accordingly,” the response reads.
“And if policymakers or other entities that create rules utilizing the postmark date are aware of what the postmark date signifies, they are better equipped to determine whether their rules adequately serve their purposes.”
—Jonathan Shorman, Stateline
Skibum says
This is just one more reason for people to not wait until the last day before an election to return a mail-in ballot to the elections office. Ballots are sent out to those who request them in plenty of time for people to do their research of candidates and issues, and fill out the ballot.
Voting in local and national elections should be viewed as a civic duty and a personal responsibility. We have been receiving our ballots by mail, both here and previously in WA State, for so many years that I cannot even remember a time when we stood in line and voted on election day. But I never, ever depend on the U.S. Postal Service to return our completed ballots back to the local elections office. I want to ensure my vote is counted and that there are no issues with my signature or that my name has erroneously been removed from the voter rolls, so I always just a little time to drive over to the courthouse complex and hand deliver our ballots to elections staff in person.
Voting by mail is convenient and easy, but you have to be smart about it and do it properly if you want your vote to be counted.
R.S. says
I take advantage of early voting. Usually, I have time there to fill out the ballot and to deposit it in time and into the hands of the voting machine. With all the rest of the shenanigans that Trumpublicans are thinking off to place snares and traps into the path of voters, it’s essential to get there in time. Luckily, we have the opportunity of early voting in Flagler County.