Mail-in voting is under attack. Here’s what you can do

By Marc Elias

This piece was originally published for Democracy Docket members only. We’re sharing it more widely because it felt too timely to keep behind the paywall. Become a member to get Marc’s exclusive notes first.

One of the gravest threats facing free and fair elections is the Republican Party’s persistent attacks on voting by mail. It is one of the first topics I wrote about when I founded Democracy Docket in 2020. As a lawyer, beating back suppression laws aimed at mail-in voting has felt like its own full-time job.

Over the years, this has taken many forms — from state laws shortening the period to apply for and return mail-in ballots to banning ballot drop boxes. Currently, I am awaiting a decision from the U.S. Supreme Court in Watson v. RNC — a case in which I am defending a Mississippi law that allows ballots postmarked by Election Day to count even if they arrive at election offices a few days afterward.

If Republicans win that case, it will jeopardize similar laws in 19 states and disenfranchise hundreds of thousands of voters. If we win, it will protect a vital method of voting.

Since 2020, Donald Trump has targeted mail-in voting with lies and misinformation. Since regaining the presidency, he has targeted it with unilateral executive action.

Last year, Trump issued his first anti-voting executive order aimed at mail-in voting. On behalf of the Democratic Party, I sued — and won.

But that has not stopped him.

Earlier this year, he issued a new, more aggressive executive order that seeks to limit whose ballots the U.S. Postal Service will transmit. Once again, the Democratic Party is fighting back in court — as are a group of Democratic state attorneys general and nonprofit organizations.

I am confident that these lawsuits will prevail and once again protect mail-in voting from Trump’s voter suppression efforts. In the meantime, however, the USPS is proposing a rule that would require states to share information about voters who request mail-in or absentee ballots for federal elections.

Not only could this disrupt mail voting and hand the Trump administration private voter information — from names to birthdays to Social Security numbers — it is also an alarming step for the USPS to take on its own.

The agency is also in the process of creating a new records system to track mail-in ballots, making it easier for the Trump administration to monitor how people are voting. This is a dangerous development as the administration assembles its national voter list.

The Postal Service is supposed to be independent. It should simply ignore Trump’s unconstitutional power grab — or, at a minimum, wait to see what the courts rule. Instead, it is rushing ahead to carry out Trump’s wishes.

Over the last few weeks, I have received a flood of questions and messages expressing concern about what the USPS is doing — and, most importantly, asking what you can do.

Usually, I urge you to make sure you are registered to vote and have a plan to do so this November. Sometimes I suggest contacting your elected representatives or volunteering for a campaign. I almost always ask you to speak out and share pro-democracy information with others.

This time, however, there is one more tool available to you. Every time a government agency proposes a rule change, it is required to notify the public and accept feedback. The comment period for the USPS rule change is now open, providing you with a direct way to bring your concerns straight to the agency.

The comment period closes on July 2, 2026, so now is the time to act. You can submit comments online or mail them to: Director, Product Classification, U.S. Postal Service, 475 L’Enfant Plaza SW, Room 4446, Washington, DC 20260-5015.

If you need more information to inform your opinion and comments, several articles Democracy Docket has written on the subject are available here.

There are many ways to help save our democracy, but commenting on proposed rules is a unique opportunity to communicate directly with the executive branch. As the midterm elections approach, stopping Trump’s assault on mail-in voting couldn’t be more important — and we all have a role to play.

Analysis like this from Marc always lands exclusively in members’ inboxes. If this one resonated, become a member so you don’t miss the next one — and support our mission as a pro-democracy newsroom that never pulls punches.