Election Law Blog-"Postmark change could impact getting ballots, bills in on time"

[LetMyPeopleVote]

Prof. Hasen thinks that this change will affect vote by mail ballots.

“Postmark change could impact getting ballots, bills in on time” electionlawblog.org?p=153676

— Rick Hasen (@rickhasen.bsky.social) 2026-01-01T17:25:38.079Z

https://electionlawblog.org/?p=153676

USA Today:

The U.S. Postal Service is making new changes in 2026, including adjustments to the postmark process, which could result in late fees and penalties for anyone mailing time-sensitive documents such as tax returns or bill payments.

For decades, the postmark – an official mark that shows where and when mail was accepted by the Postal Service – has been used in law as proof that an individual met a deadline, such as submitting a ballot by Election Day.

A USPS postmark used to indicate the date when mail was dropped in a mailbox or submitted at the post office counter. Now, USPS is clarifying in a new rule that the postmark will reflect the date an envelope is first processed by an automated USPS sorting machine, potentially days after it was dropped off – not the actual drop-off date….

For a long time, Americans have assumed that mail will be postmarked the day it is mailed and may not be prepared to account for the extra days.

Tax payments, charitable contributions, legal filings, rent payments and other bills or items that rely on postmark dates for deadlines can be impacted by later postmarks and risk late fees, penalties, or delinquency.

Many states also accept ballots that are postmarked by Election Day….

[bucolic_frolic]

1. Contract Law - a postmark makes a contract on the day it is postmarked.

The USPS is going to drive their employees crazy. As it is, packages can sit idle for a day or two sometimes. Postmarks are already illegible most of the time. The only way to guarantee you have a visible postmark is to present it at the retail counter, something that must be done during business hours. Too bad if you work at that time.

So USPS retail clerks, prepare for long lines seeking a postmark. And put some fresh red ink in the blotter will ya?