Federal mail-in ballot proposal may impact California elections

By Caroline Grinder, legislative advocate (community services)

Cal Cities submitted comments this week on a proposed rule by the U.S. Postal Service (USPS) that would establish new requirements for mail-in and absentee ballots. The proposal could significantly impact elections in California, where nearly 90% of ballots cast in the most recent statewide election were by mail.

While counties are primarily responsible for election administration, cities play a key role in voter outreach and education: They will be on the front lines of instilling voter confidence with any new rules.

How would it work?

Under the proposed rule, the USPS would develop a new Federal Ballot Mail Portal. States would then be required to submit the name, address, and barcode identifiers for each voter who receives a mail-in or absentee ballot at least 30 days before an election, if possible. USPS would compile this information into a State-Specific Mail-In and Absentee Participation List and return it to each state's chief election official around the date of the election.

All ballot envelopes would need to meet new pre-mailing and envelope requirements, including the use of the official Election Mail logo, an automation-compatible design, and a unique barcode linked to a new federal tracking system. USPS would review and approve envelope designs prior to use and verify ballot mailings against submitted voter data before acceptance. Noncompliant mailings would be subject to rejection and return.

What are Cal Cities’ concerns?

Cal Cities has several implementation concerns with the proposal. Notably, with over 23 million registered voters in California alone, the USPS may not have the necessary infrastructure and staffing to securely process and manage this volume of data, particularly within the required timeframes. Requirements that may work in other states do not necessarily translate to California’s scale or high vote-by-mail participation rates.

The proposal could also create significant administrative burdens for state and county election officials, who would be responsible for compiling, validating, and transmitting the data. Cal Cities is concerned that the changes would result in costly duplication, increased errors, and potentially complicate coordination between federal, state, and local partners.

The proposal is also facing legal challenges. Just this week, a judge blocked an executive order on mail voting, declaring plans to intervene in state-run elections unconstitutional.

In light of these concerns, Cal Cities has urged USPS to reconsider the proposal and work with state and local governments to ensure any new requirements are feasible, aligned with existing systems, and supported with adequate resources and clear guidance.