U.S. Postal Service warns Texas some mail-in ballots may not arrive in time for election
In a letter sent to Texas Secretary of State Ruth Hughs late last month, the U.S. Postal Service warned that there is a significant risk that some mail-in ballots may be delivered too late to be counted for the November election.
Dated July 30, the letter noted that some of Texas’ deadlines for when mail-in ballots must be requested and sent “appear to be incompatible with the Postal Service’s delivery standards” and its recommended deadlines.
“The mismatch creates a risk that ballots requested near the deadline under state law will not be returned by mail in time to be counted under your laws as we understand them,” read the letter sent by Thomas J. Marshall, USPS’ general counsel and executive vice president.
Forty-six states and Washington, D.C., received a letter warning of the potential delays, according to The Washington Post, which obtained the letters through a records request.
A spokesman for the the Texas Secretary of State’s Office confirmed Texas received the letter and provided a copy, but did not immediately respond to a request for comment on what action may be taken.
Pennsylvania cited USPS’ letter in its request to the Pennsylvania Supreme Court to allow mail-in ballots be counted if they are received up to three days after the Nov. 3 election, according to The Philadelphia Inquirer.
For the upcoming November election, mail-in ballot applications in Texas must be received by Friday, Oct. 23 — 11 days before Election Day, according to the Secretary of State’s website. After a request is received, election officials must mail a ballot within seven days.
The regular deadline for election officials to receive an early voting ballot by mail is 7 p.m. on Nov. 3.
However, under certain circumstances late domestic ballots that were postmarked on or before Election Day may be received by 5 p.m. on Nov. 4 — the day after the election. Certain voters, like those in the military or overseas, also have until the fifth and sixth business day after the election to return their ballots.
USPS’ letter to Hughs notes that if a voter requests a mail-in ballot close to the deadline and if it isn’t mailed until seven days after it was received, there is a risk it will not reach the voter before Election Day, leaving them unable to use it to cast their vote.
“Even if the requested ballot reaches the voter by Election Day, there is a significant risk that, given the delivery standards for First-Class Mail, a completed ballot postmarked on or near Election Day will not be delivered in time to meet the state’s receipt deadline of November 4,” the letter read.
To avoid delays that may arise, like from weather issues or unforeseen events, the Postal Service set out a suggested timeline in its letter:
- Voters who are mailing their ballot request should submit it at least 15 days before Nov. 3 “and preferably long before that time.”
- For election officials, the letter recommended that they use First-Class Mail to send blank ballots and allow a week for it to be delivered. Marketing Mail will result in a slower delivery time, increasing the risk it doesn’t reach the voter, the letter notes.
- Texas voters mailing their completed ballot should do so by Wednesday, Oct. 28, to allow sufficient time for its delivery.
The USPS letter stresses that it is not recommending Texas change its laws or deadlines to accommodate the Postal Service’s delivery standards.
“By the same token, however, the Postal Service cannot adjust its delivery standards to accommodate the requirements of state election law,” the letter reads, urging election officials to keep its recommendations in mind when informing voters.
Last month, Gov. Greg Abbott extended early voting for the November general election by six days, citing the ongoing spread of the novel coronavirus. In addition to early voting now beginning on Oct. 13, Abbott also extended the period by which mail-in ballots may be delivered in-person to the early voting clerk’s office, allowing delivery before Election Day rather than simply on it.
The letters warning of delays come at a time when USPS’ funding is in jeopardy amid the pandemic and faces roadblocks from President Donald Trump, who has repeatedly derided voting by mail.
States have seen a surge in mail-in ballot requests ahead of November, and Tarrant County also saw an increase for the July runoff elections. According to county data, 31,457 mail-in ballot requests were sent out — over 10,200 more requests than the 21,191 mail-in ballots requested in Tarrant County for the presidential primary runoff in May 2016.
Mail-in ballots were a focal point ahead of the July runoff elections, with the Texas Democratic Party and civil rights groups leading multiple legal challenges in an effort to expand who qualifies for one.
In order to qualify to vote by mail under Texas law, voters must submit an application and be 65 or older, disabled, out of the county on Election Day and during in-person early voting, or confined in jail.
Voters suing the state said that Texans who didn’t qualify under that criteria would be forced to risk their health to vote in person while the virus continued to spread. Meanwhile, Attorney General Ken Paxton argued that expanding access to mail-in ballots would lead to increased voter fraud, and said that a fear of contracting COVID-19 would not meet the state’s eligibility requirements.
Ahead of the July 14 election, the U.S. Supreme Court declined to lift a lower court’s stay to allow all Texas voters to qualify for a mail-in ballot to avoid contracting COVID-19. The case is now back before the 5th Circuit Court of Appeals, and could potentially reach the U.S. Supreme Court again ahead of November.
This November, Texas voters will weigh in on the presidential race, decide between Republican U.S. Sen. John Cornyn and Democratic nominee MJ Hegar and cast their vote in a slew of Texas House races.
Monday, Oct. 5 is the last day to register to vote in the Nov. 3 general election. Early voting begins Oct. 13 and lasts through Oct. 30. Tarrant County voters can learn more about registering to vote or requesting a mail-in ballot by visiting the Tarrant County Elections website or calling 817-831-8683.
This story was originally published August 14, 2020 at 2:50 PM.
