Most federal workers are covered by the Whistleblower
Protection Act. Postal workers aren’t covered by the Act, but they are covered by parallel internal rules that protect
them from retaliation if they report violations of law, rules, or regulations;
gross mismanagement; gross waste of funds; abuse of authority; or a substantial
danger to public health or safety. Those protections turn out to be very
important.
Today, an anonymous federal employee—it’s unclear what
agency they work for—came forward with allegations that the Postal Service
(USPS) is pushing forward to implement Trump’s executive order on mail voting
in a manner that will throw Americans’ ability to cast a mail-in ballot into
jeopardy in November. And all of this is happening as North Carolina prepares to begin mailing out ballots on Friday.
Other states will follow.
You can read the full whistleblower disclosure here. In a cover letter transmitting it to Postmaster David
Steiner, Senator Richard Blumenthal wrote, “The whistleblower’s allegations
make clear that USPS lacks the technical or operational capability needed to
effectively implement the EO’s provisions in a way that safeguards every
citizen’s right to vote in the upcoming midterm elections. Despite this, the
Trump Administration appears intent on USPS moving forward with its flawed
plans, no matter the chaos they may create.”
The most important revelations in the whistleblower
complaint involve USPS’s creation of a Federal Ballot Mail Portal for uptake of
state voting lists, including barcoded ballot envelopes.
The “Zero Fail” system is designed to fail: Senator
Blumenthal said earlier today that “The Postal Service has
designed a system to disenfranchise millions of Americans.” That’s the case
because as large batches of ballots are delivered to the Postal Service, if
even one doesn’t match, say due to a name or address change, all of the ballots
in that group will be returned to local election officials, and nothing moves
forward until the mismatch is cleared.
Inadequate testing of the rushed system: The whistleblower says USPS is trying to build a system that should take a year or more of work in just three months, with continuously changing requirements for what the system should look like and some directions not put into writing. (When has the government ever failed to put every last detail into writing?
If
that’s not a red flag…) In some instances, USPS bosses gave the developers as
few as four days for user testing. The whistleblower reported that “In just the week prior to September
1, 2026, the Whistleblower learned that IT workers have described the election
ballot mail development process as ‘a shit show.’”
Possible violation of court order: It appears from the dates referenced in the complaint that the Postal Service, which initially stopped work on the portal after Judge Talwani entered her injunction, resumed work several days later.
That comes as no surprise in an administration that
has a history of failing to comply with court orders. Here, the administration
is sure to brush the failure off as a technical matter and point to the fact
that the Supreme Court lifted the stay. How this will turn out depends on the
details and bears careful watching.
Senator Blumenthal has demanded that the USPS stop work
on the Portal and that it provides an accounting to the Senate Permanent
Subcommittee on Investigations. A Postal Service spokesperson said that the agency was “carefully reviewing the
concerns" and that it “welcomes oversight and is committed to
transparency.”
The bottom line is that like the Justice Department and other executive branch agencies, the Postal Service isn’t supposed to have a dog in the hunt when it comes to who wins (or loses) our elections. Their only job should be facilitating receipt and return of mail ballots.
Trump’s effort
to weaponize the Postal Service to influence the outcome of elections and
disenfranchise American voters really says it all.
And we should never focus so much on the details that we
forget the context: No one works this hard to keep eligible citizens from
voting unless they are truly, deeply frightened of what will happen if
Americans are able to exercise their rights. We should never forget that. Our
responsibility is to do whatever it takes to vote this year.
What’s Donald Trump’s endgame here? The situation is a win-win for him if we don’t stay on top of it, understand what he’s trying to do, and outsmart him. First off, Trump can try to keep people from voting by eliminating mail voting as a prospect for them.
In the six states where most voting is done by mail, this could amount to game-changing voter suppression. And even where ballots are successfully mailed and collected, this is still creating chaos around the elections.
Chaos can keep people from voting,
especially if it becomes too difficult to figure out what the right thing to do
is, or when misinformation and disinformation about voting is spread.
And finally, this gives Trump a narrative. If the courts
rule against him and the Republican Party fares poorly in November, he’ll claim
it’s due to fraud because the courts blocked his plan. Even if he wins in
court, he’ll claim that the delay in implementing his executive order meant he
couldn’t do everything he wanted to and use that to cast doubt on Democratic
gains.
There’s no doubt he’ll use this situation every way we
can. So, what do we do?
First, if you plan to vote by mail, apply for your ballot
as early as you can. And be aware of deadlines for both requesting and
returning your mail-in ballot. You can find that for each state, along with
information on how to track your ballot and make sure your vote gets
counted, here.
Second, what do you do if you request a mail ballot and
it never arrives? The rules vary by state. The Brennan Center explained it in the context of the 2020 election,
where there were issues with receipt of mail ballots by voters. In states like
Georgia, there was no problem. If you didn’t receive your ballot in the mail,
you could go to your polling place and vote a regular ballot. But other states
force people who applied for a mail ballot and didn’t receive it to vote a
provisional ballot. Some states want you to bring your mail ballot with you if
you asked for one but change your mind and vote in person.
And then there’s a practical issue: If there’s a huge uptick in voting in person after asking for a mail ballot, will polling places have a sufficient quantity of provisional ballots on hand? This is the kind of chaos Donald Trump is driving. It means we have to be more disciplined about exercising our right to vote.
But understanding that this is an issue is a big
part of getting it right. Make sure you look up your state law and understand
how it works. Look into whether county officials plan to have extra amounts of
provisional ballots on hand if you’re in a state that will require them and get together with friends now to ensure your local election
officials understand the issue (most of them do!) and are getting prepared.
Third, be the civics education our states and counties
need right now! Share this information with friends and neighbors and make sure
they’re prepared too.
Fourth, and most importantly, do vote! Remember our North
Star: no one would try this hard to take your vote away unless they were
desperately afraid of the outcome of a free and fair election. Whatever else
you do, make sure you vote. Let’s be the result that they’re afraid of. We’re
the cavalry.
We’re in this together,
Joyce Vance

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