Maine joins lawsuit challenging new USPS rules for mail-in voting

Maine Attorney General Aaron Frey joined 24 other states and the District of Columbia on August 26 in suing the U.S. Postal Service over a new federal rule governing mail ballots.

For Maine voters, the immediate point is that the lawsuit did not cancel absentee voting or create a new state deadline. Secretary of State Shenna Bellows said voters can still vote by mail and that Maine’s fundamental voting rights remain unchanged.

What Maine voters can do now

Maine’s current absentee-voting guidance allows voters to request a ballot electronically or by mail. The ballot must be returned to the voter’s municipal clerk by 8:00 p.m. on Election Day.

The November 3, 2026, general election is the immediate deadline pressure. The USPS rule says federal mail-in and absentee ballots generally are mailed in September or later, depending on state law. Maine’s election procedures have not been replaced by the lawsuit or the federal rule while the legal dispute continues.

What the USPS rule would require

The final rule, published in the Federal Register on August 26 and listed as effective August 21, establishes federal preparation standards for envelopes used with federal mail-in and absentee ballots.

It also creates a Federal Ballot Mail Portal and state-specific mail-in and absentee participation lists. Under the rule, states would submit information about voters who should receive federal-election mail ballots. The rule includes verification, acceptance and entry provisions connected to the lists and envelope standards.

The Postal Service says states would retain authority to decide whether to use the mail and who is eligible to vote by mail. It also says federal ballot mail must meet the rule’s preparation, data-reporting, acceptance and entry standards.

Why Maine joined the lawsuit

Frey and the coalition allege that USPS lacks authority to regulate how states administer mail voting. The complaint asks a federal court to block and ultimately invalidate the rule, arguing that it intrudes on states’ constitutional role in conducting elections.

The states also allege that implementation would require new spending and administrative work for state and local election offices, including envelope redesign, USPS review, data-sharing systems, staff training and voter education. They argue that rushed or faulty implementation could prevent eligible voters from receiving ballots.

Those claims remain allegations, not findings by a court. The Postal Service says the rule is intended to create uniform preparation and reporting procedures for federal election mail.

The rule itself says USPS will not implement it for the 2026 election unless the federal government obtains relief from injunctions in related cases. If that relief is granted, the rule says implementation would begin immediately, before ballots subject to the rule are mailed.

What happens next

A federal judge issued a 14-day temporary restraining order on August 27 blocking implementation while the litigation proceeds. A hearing is scheduled for September 3.

The interim order does not resolve whether USPS ultimately has the legal authority to impose the requirements. The Supreme Court has not issued a final ruling on the legality of this USPS rule; recent litigation activity has concerned the timing and posture of the broader dispute rather than its ultimate merits.

For now, Maine residents may request and return absentee ballots under the state’s existing guidance. The practical question is whether USPS will ultimately be allowed to impose the new envelope, portal and voter-list requirements before the November election—and what changes, if any, Maine election officials would then have to make.

Sources

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