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Court Grants Preliminary Injunction Blocking Unlawful USPS Mail Ballot Rule
September 04, 2026
LANSING – Today, the U.S. District Court for the District of Massachusetts granted a preliminary injunction, halting mandatory implementation of the United States Postal Service’s (USPS) mail ballot rule for the November 2026 election. The injunction follows a filing yesterday in which the USPS admitted to the Court that the agency was not yet prepared to implement the rule if allowed to take effect today. Despite that admission, the U.S. Department of Justice, on behalf of USPS, filed an emergency appeal with the U.S. Supreme Court last night.
“The Trump administration has admitted to the Courts that they are still not ready to implement their own rule, making it clear this is not about the administration of our elections but is instead just another political stunt,” said Attorney General Nessel. “Rule changes of this magnitude and cost, even when legally pursued, take months to implement, not days. As the DOJ pushes this groundless case in the courts, I will continue to fight back against their naked attempts to cause chaos and confusion over the legal election process.”
“Today’s ruling is an important step for Michigan voters,” said Governor Gretchen Whitmer. “The court recognized what the Constitution makes clear: states run elections. But this fight isn’t over, and we’re prepared to defend Michiganders’ freedom to vote by mail at every level. Michiganders amended our constitution to guarantee that freedom, and I want to thank Attorney General Nessel and Secretary Benson for their partnership defending it. With absentee ballots going out on September 19, we’ll keep fighting until every Michigander’s voice is heard.”
“With the general election just sixty days away, Michigan’s election officials deserve certainty and Michigan’s voters deserve to cast their ballot without federal interference,” said Secretary Jocelyn Benson. “More than 1.3 million Michiganders chose to vote by mail in the August primary and nearly 2 million citizens have joined the state’s permanent ballot list. Voting by mail is a convenient, secure option guaranteed in our state constitution for every eligible citizen – we are united in the fight to keep it that way.”
On August 26, 2026, Michigan, along with 24 states, filed a lawsuit (PDF) against the USPS challenging the rule, hours after it was issued.
The rule, following a March 2026 Executive Order, attempts to establish a national list of eligible voters and directs the USPS to transmit mail ballots only to voters on the list. It also requires states to enroll every voter who is eligible to vote by mail with USPS and tasks USPS with compiling the registered voters into state-specific lists. The rule also establishes new design requirements for state mail-in ballot envelopes, which USPS must approve. Under the rule, USPS will not deliver ballots to voters who do not appear on the USPS-generated lists and will not deliver ballots in envelopes that fail to comply with the rule’s new envelope design standards.
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.
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