The NAACP, the Legal Defense Fund (LDF), and Public Citizen Litigation Group have returned to federal court in an effort to stop what they describe as a significant threat to mail-in voting ahead of the 2026 election cycle.
The organizations announced they have filed an emergency motion seeking to enforce a 2021 settlement agreement that requires the U.S. Postal Service (USPS) to prioritize the timely delivery of election mail, including absentee and mail-in ballots. The motion asks the court to prohibit USPS from implementing a newly proposed rule that voting rights advocates argue would undermine those commitments and create new barriers for voters.
At the center of the dispute is a proposed USPS rule published on June 2 following an executive order issued by President Donald Trump on March 31. According to the filing, the proposed rule would require state and local election officials to provide specific information to USPS and use certain ballot envelope designs before mail-in ballots could be delivered under the agency’s election mail procedures.
The plaintiffs argue that the proposal effectively creates a new gatekeeping role for USPS, one that could result in some ballots not being delivered and potentially disenfranchise eligible voters.
“The proposed rule manifests USPS’ intent to disregard its commitment to timely deliver mail-in ballots to all voters,” said Sam Spital, ‘associate director-counsel’ of the Legal Defense Fund. “This all is part of a coordinated effort by this Administration to create chaos and confusion in our elections, which creates particular dangers for Black voters who are already at the greatest risk of suffering discrimination in voting.”
Spital said the proposed changes violate both the legally binding settlement agreement reached in federal court and the Postal Service’s obligations under federal law.
The legal challenge stems from the landmark case NAACP v. United States Postal Service, which was filed during the 2020 election amid widespread concerns about mail delays and the delivery of absentee ballots. The lawsuit alleged that operational changes at USPS threatened the timely delivery of election mail during a period when millions of Americans were relying on mail-in voting.
The case was settled in December 2021. Under the agreement, USPS committed to prioritizing election mail and ensuring the timely delivery of ballots during national general elections through 2028. The settlement was widely viewed by voting rights advocates as a significant safeguard for voters who depend on absentee and mail-in voting options.
Anthony P. Ashton, ‘senior associate general counsel’ for the NAACP, said the newly proposed rule directly contradicts those commitments.
“The right to vote should never be subject to arbitrary barriers or last-minute rule changes that create confusion and suppress participation,” Ashton said. “These proposed rules directly undermine commitments that the Postal Service made to ensure mail-in ballots are delivered and counted.”
Ashton added that millions of voters rely on the Postal Service to exercise their constitutional right to vote and that any effort to restrict that access raises serious concerns.
“At a time when voters across the country rely on the Postal Service to exercise their right to vote, any effort to restrict that right is not only unlawful, but it is a threat to our democracy,” he said.
Public Citizen Litigation Group Director Allison Zieve also criticized the proposal, arguing that it would unnecessarily complicate the voting process and interfere with ballot access.
“Voting is fundamental to democracy,” Zieve said. “That this administration would direct USPS to adopt measures to impede voters from casting their ballots is shameful.”
The organizations further argue that implementing the rule in the middle of an active election year would create confusion among election administrators and voters alike. USPS has previously acknowledged that the successful handling of election mail requires extensive employee training, coordination with election officials, and months of advance planning.
According to the court filing, those preparations for the 2026 election cycle are already underway. Voting rights advocates contend that changing procedures now could disrupt established election mail processes and jeopardize the timely delivery of ballots.
The plaintiffs also note that communication between USPS and election officials typically begins months before major elections to ensure ballots are processed and delivered efficiently. They argue that introducing new requirements at this stage risks creating uncertainty for election offices that are already preparing for upcoming contests.
Because elections are already underway in several jurisdictions across the country, the organizations are asking the court to act quickly. Their motion requests expedited consideration, warning that delays could leave election officials uncertain about how to proceed and potentially affect voters during the 2026 election season.
If granted, the motion would prevent USPS from implementing the proposed rule while the court considers whether it violates the terms of the 2021 settlement agreement and federal law.
