Postal Service warns Texas of mail-in voting delays in November

Madlin Mekelburg
The U.S. Postal Service warned Texas election officials that some mail-in ballots for the November election might not be mailed early enough to be counted under the state's current time frames.

The U.S. Postal Service has warned Texas election officials that some ballots cast by mail for the November election might not arrive in time to be counted, citing state deadlines for mail-in ballots that conflict with delivery standards.

In a letter delivered to Texas, 45 other states and Washington, D.C., Thomas J. Marshall, general counsel and executive vice president of the Postal Service, said the time frames outlined in state law for mail-in voting are “incongruous” with delivery standards.

“As a result, to the extent that the mail is used to transmit ballots to and from voters, there is a significant risk that, at least in certain circumstances, ballots may be requested in a manner that is consistent with your election rules and returned promptly, and yet not be returned in time to be counted,” says the letter, dated July 30.

In Texas, mail-in voting is limited to those 65 and older, disabled, out of the county on the day of the election or in jail but still eligible to vote.

These voters must submit a request for an absentee ballot that is received by Oct. 23. Completed ballots must be received by Election Day, Nov. 3, or, in some cases, the following day.

Multiple states have expanded mail-in balloting amid the coronavirus pandemic, but Texas officials have successfully deflected Democratic efforts to force broader mail-in voting through the courts.

Democrats have argued that voters should not have to risk their health to exercise their rights during a pandemic. State Republicans, echoing President Donald Trump, say mail-in ballots are susceptible to fraud, though there is little evidence to support that view.

Election officials are expecting higher volumes of mail-in ballots as voters seek to avoid crowds at polling places.

The Democratic Party of Texas this week announced plans to send more than 815,000 vote-by-mail applications to likely party supporters in August. Texas Republicans have long boasted a robust mail-in voting effort, targeting supportive seniors.

In late July, Gov. Greg Abbott announced that he would extend the early voting period for the November election by nearly a week and allow people voting by mail to deliver their ballot to a voting clerk’s office before Election Day.

Stephen Chang, spokesman for the Texas secretary of state, provided a copy of the Postal Service letter to the American-Statesman on Friday but did not respond to questions about whether the agency might act on the recommendations it outlined.

Marshall said the Postal Service is not recommending that state laws be changed to accommodate delivery standards, but rather that “election officials keep the Postal Service’s delivery standards and recommendations in mind.”

The letter included recommended time frames for ballot requests, mailing blank ballots to voters and mailing completed ballots to election officials.

It also emphasized that Texas voters should be made aware of transit times to ensure that they send completed ballots with enough time to spare.

Six states and Washington, D.C., were warned that ballots for some voters could be delayed, but 40 other states, including Texas, received warnings about their long-standing deadlines, according to The Washington Post.

The warnings from the Postal Service come as the organization is facing a sweeping overhaul due to dire financial conditions, and efforts to cut costs already have delayed standard mail delivery in some places.

Trump has said he opposes an emergency bailout for the Postal Service and election aid for states because he wants to prevent Democrats from expanding mail-in voting.

Correction: This story has been updated with the correct number of states that received the letter from the Postal Service about mail-in ballot delivery. An earlier version of the story said 47 states received the letter.