With Oregon’s November election already in motion, state officials are turning to the courts in an effort to prevent a new U.S. Postal Service rule from changing how mail ballots are handled during an active election cycle.
Oregon has joined 23 other states and Washington, D.C., in a lawsuit seeking to block a final rule issued by the U.S. Postal Service that state officials say would give the federal agency greater authority over the delivery of mail ballots. The legal challenge comes as Oregon election officials are preparing to conduct the November election under the state’s longstanding vote by mail system and existing state election law.
Oregon Secretary of State Tobias Read said the timing of the federal rule is a central concern because election preparations are no longer theoretical. Deadlines, administrative procedures and preparations by county election offices are already underway.
“The November election is already underway. Now is not the time to change the rules,” Read said.
According to the information released by the Secretary of State’s Office, the disputed Postal Service rule was developed in response to an executive order signed by the president. Oregon and the other jurisdictions participating in the lawsuit are seeking to prevent that rule from taking effect, arguing that the federal change would improperly interfere with the administration of elections and the distribution of mail ballots.
For Oregon, the dispute carries particular significance because voting by mail is not an alternative or supplemental method of casting a ballot. It is the foundation of the state’s election system. Oregon conducts its elections primarily through ballots mailed to registered voters, with county election offices responsible for administering elections according to state law and established timelines.
Read sharply criticized the federal action, saying the Postal Service rule and the executive order behind it would create additional obstacles for voters.
“The USPS rule, like the executive order it arises from, is a clear attempt to make it harder for Americans to vote and undermine free, fair elections. It won’t work,” Read said.
The lawsuit adds a second layer to Oregon’s effort this week to preserve its existing election procedures.
Read said a directive issued by his office Tuesday instructs election officials throughout Oregon to continue administering the upcoming election normally and in accordance with current Oregon law. The directive is intended to provide counties with instructions for moving ahead while the broader legal dispute involving federal election requirements continues.
“The directive I issued yesterday instructs elections officials to proceed with running the next election as normal and according to Oregon law,” Read said. “If successful, this lawsuit will further protect our elections from illegal interference. Thank you to the Attorney General for his quick action to advance this critical work.”
The legal challenge places the Postal Service at the center of another significant election administration question. Although states establish and administer their own election procedures within the broader requirements of federal law, the Postal Service plays an important practical role in states such as Oregon, where millions of ballots and election related materials move through the mail system during an election.
Changes affecting whether ballots can be mailed, processed or delivered therefore have consequences extending beyond ordinary postal operations. They can affect election calendars, county procedures and the ability of voters to receive the materials necessary to participate.
Oregon officials are seeking to maintain the procedures already established for the November election while the courts determine whether the Postal Service rule can legally take effect. The lawsuit itself does not change Oregon election law, and Read’s directive instructs local election administrators to continue following existing state requirements.
That means Oregon voters and county election offices are being told, at this stage, to proceed under the election system already in place rather than alter procedures in anticipation of the federal rule.
The multistate nature of the lawsuit also reflects the reach of the dispute beyond Oregon. With 24 states and the District of Columbia participating in the challenge, the litigation raises broader questions about the relationship between federal postal authority and state administration of elections involving mailed ballots.
For Oregon election administrators, however, the immediate issue is considerably more practical. An election calendar is already moving forward, and county offices need consistent rules governing ballot preparation, mailing and processing. Changing those requirements after election work has begun could require officials to adjust procedures during an active election period.
Read said his office intends to continue using legal and administrative avenues available to the state as the federal dispute develops.
“We will continue pursuing all available options to protect Oregon’s safe, accurate, and fair elections,” Read said.
For now, Oregon’s message to county election officials remains unchanged: administer the November election under Oregon law and according to the procedures already established. At the same time, the state’s participation in the multistate lawsuit moves the larger dispute into federal court, where the legality and future of the Postal Service rule will ultimately be determined.