Why It Matters

A recent CRS report on early and mail voting published July 10 reveals a fundamental conflict shaping election policy: how much authority should rest with the federal government versus individual states and localities.

As of June, all 50 states plus DC permitted at least some mail voting, with 37 states and DC offering no-excuse mail voting options. Eight states and DC conducted all-mail elections for general elections. Early voting periods span from three to 46 days depending on the state.

The Trump administration has moved to tighten mail voting deadlines and procedures through executive action, while some lawmakers have introduced bills to expand access or shield the Postal Service from operational constraints around elections.

The Big Picture

The Uniformed and Overseas Citizens Absentee Voting Act requires all states to allow military and overseas citizens to vote by mail in federal elections, establishing a federal floor.

The CRS report identifies arguments that mail voting provided resilience during unforeseen events such as COVID-19 in 2020 and Hurricanes Helene and Milton in 2024. Supporters contend that mail voting can lower the expenses associated with administering elections and allows voters additional time to address problems with their ballots or voter registration status. Critics counter that mail voting creates risks of delays in reporting election results, poses logistical challenges including ballot storage and postal reliability concerns, and allows voters to cast ballots before receiving late-breaking information.

On June 29, the U.S. Supreme Court weighed in with a decision in Watson v. Republican National Committee, holding that federal statutes establishing Election Day do not require ballots to be received by Election Day. The case centered on a Mississippi law allowing ballots postmarked by Election Day and received up to five business days later to be counted. Approximately 15 states have similar grace period laws. The Supreme Court's Watson v. RNC ruling runs counter to the Trump administration's goal of imposing uniform, tighter federal deadlines for mail ballot receipt.

The administration has issued two executive orders on the subject. President Donald Trump issued Executive Order 14248 on March 25, 2025, addressing deadlines for returning mail ballots. The U.S. Postal Service proposed a rule in June related to that order. Litigation related to the executive orders remains pending.

The Bottom Line

Members have introduced legislation in the 119th Congress addressing how mail ballots are designed, how USPS approaches mail voting, how mail ballots are requested and provided, how mail ballots are returned, and how mail ballots are processed and counted. Some measures would codify the executive orders; others would nullify them.

The Supreme Court decision has complicated the administration's regulatory agenda, leaving Congress as the likely arena where the federalism debate will intensify in coming months.

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