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Press Release
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September 2, 2026
NCAI Continues to Monitor Federal Court Order Restricting USPS Mail Ballot Rule Implementation Before November Elections
NCAI Continues to Monitor Federal Court Order Restricting USPS Mail Ballot Rule Implementation Before November Elections

WASHINGTON, D.C. — On August 27, 2026, a federal court granted voting rights organizations’ an emergency restraining order restricting the United States Postal Service (USPS) from implementing its newly finalized mail ballot rule. If the order is lifted, the rule will have immediate effects in Indian Country, including new USPS requirements for outbound federal ballot mail complicating nontraditional tribal addressing systems, and exacerbating technological challenges posed by limited and unreliable internet access on Tribal lands, amongst others. USPS declined to engage in Tribal consultation pursuant to Executive Order 13175. It also declined to conduct a Tribal impact assessment of the rule’s implementation, as previously requested by the National Congress of American Indians (NCAI).

On August 11, 2026, the court in League of Women Voters of Massachusetts v. Trump blocked USPS from implementing Section 3 of Executive Order 14399, which governs voting by mail. On August 24, the U.S. Supreme Court stayed a separate order in Trump v. California blocking implementation of the executive order, finding that the challenge was premature because USPS had not yet issued its final rule. On August 26, the League of Women Voters injunction was vacated, allowing plaintiffs to amend their complaint following the USPS issuance of the final rule. The plaintiffs sought emergency relief, which remains in effect pending briefing on the preliminary injunction. A hearing has been set for September 3, 2026.

“American Indian and Alaska Native voters face chronic barriers to access the ballot box without additional last-minute, hasty changes to the federal transmission process,” said NCAI Executive Director Larry Wright Jr. “Voting by mail ensures access to the polls and is the only feasible option in many rural Tribal communities, despite longstanding problems with USPS infrastructure and unreliable services. NCAI demands that the administration cease any changes to the existing processes. Creating significant confusion and administrative challenges will disenfranchise millions of voters, especially Native voters, ahead of the November election.”

On Tuesday, September 22, 2026, from 2:00–3:00 p.m. ET, a three-part NCAI Civic Engagement Webinar Series will begin to bolster Native civic engagement, elevate voter rights information, and discuss timely issues affecting participation across Indian Country. The first webinar in the series, NCAI Native Civic Power Series: Sovereignty at the Ballot Box will focus on recent issues that Native voters face to access the ballot box, how to mobilize the Native vote, and opportunities to participate in civic engagement prior to the November election. It will also provide practical information and resources for advocates to make their voices heard through civic engagement activities. Register here.

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About the National Congress of American Indians: Founded in 1944, the National Congress of American Indians is the oldest, largest, and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of Tribal governments and communities, promoting strong Tribal-federal government-to-government policies and a better understanding among the general public regarding American Indian and Alaska Native governments, people, and rights. For more information, visit www.ncai.org.


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