Proposed USPS rule threatens N.J. vote-by-mail program

Federal regulation would require states to share voter information with the Postal Service as New Jersey battles Justice Department over voter privacy.

The U.S. Postal Service is a critical partner as New Jersey steps up vote-by-mail elections. (Photo: Rusty Clark).

The U.S. Postal Service plans to refuse to deliver vote-by-mail ballots in states like New Jersey that have balked at turning over unredacted voter registration lists to the Trump administration, according to a proposed federal regulation.

This could affect the state’s vote-by-mail law ahead of the November general election.

The U.S. Department of Justice has asked a federal judge to order Lt. Gov. Dale Caldwell, in his capacity as Secretary of State, to provide the state’s complete, unredacted voter file — including voters’ names, addresses, dates of birth, and, in some cases, partial Social Security and driver’s license numbers — contending that access to the data is necessary to evaluate New Jersey’s compliance with federal election laws.

Voter records include sensitive personal information on over 6.6 million New Jerseyans.

The New Jersey Attorney General’s office has pushed back, arguing that the request would violate New Jersey’s privacy laws and longstanding safeguards protecting voter information.  They contend that releasing such sensitive data could expose residents to misuse, erode public confidence in the electoral system, and discourage eligible voters from registering or casting ballots.

A broad coalition of intervenors — including the American Civil Liberties Union, Make the Road New Jersey, Salvation and Social Justice, and individual New Jersey voters like former Jeopardy champion Jamie Ding — has raised similar concerns.   They argue the voter file could be used to disenfranchise voters or facilitate immigration enforcement, denaturalization efforts, or political retaliation.

The proposed U.S. Postal Service rule would establish new nationwide standards for mailing absentee and mail-in ballots in federal elections.   It requires election officials to use standardized ballot envelopes with the official Election Mail logo, Intelligent Mail barcodes, and USPS design reviews.

States would also have to submit the names of voters receiving mail ballots and the associated barcode information through a new USPS portal, allowing the Postal Service to compile state-specific participation lists.  The proposal, issued pursuant to a presidential executive order, would not apply to primary elections or military and overseas ballots.

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David Wildstein: David Wildstein is the Editor in Chief for the New Jersey Globe.