On Dec. 24, a new U.S. Postal Service (USPS) rule took effect, stating that mail is not necessarily postmarked on the day it is posted — implicating official documents that require postmarks, including tax returns, court documents, bill payments, and, in some states, absentee/mail-in ballots received after Election Day. 

USPS officials have said the rule does not reflect a change in the agency's practices. In a section responding to concerns, the rulemaking documents state, "[T]he present rulemaking clarifies the meaning of the postmark, including for both election officials and voters who choose to use the mail to vote. ... [The rulemaking] educates voters who choose to use the mail to vote that they can take certain measures if they need a postmark date that aligns with the date of mailing[.]"

The new rule states that a postmark “does not necessarily indicate the first day that the Postal Service had possession of the mailpiece." Instead, postmarks “are generally applied by the Postal Service via automation on machines in originating processing facilities" and “do not necessarily represent either the place at which, or the date on which, the Postal Service first accepted possession of the mailpiece." The rule says that postmarks may be applied at a post office by customer request.

According to the Washington Post’s Anna Liss-Roy, “[A]t least one postal union leader says that this is a change from current practice and that, previously, mail would typically be postmarked for the day it came in, even if it was processed later. ‘I think it’s a huge deal,’ said Charles Charleston, president of the National Postal Mail Handlers Union Local 311, which represents mail handlers in Texas.”

The new rule has generated media attention as it relates to absentee/mail-in voting, and some election officials have urged voters to take the new rule, as well as earlier USPS processing changes, into account when voting.

“If you do want to wait until election day, you need to do 2 things. One, you need to use a ballot drop box instead of a mail drop box,” Elizabeth Gannon, executive director of the Peoria County Election Commission, told a local television station. “My second recommendation is to go into the postal office and have the clerk working put that postmark on your ballot, if that’s how you choose to return it.” 

In comments to the Postal Service regarding the rule, the Montgomery County Board of Elections in Maryland said it was important for USPS to be transparent about any changes "to explain to voters how many days in advance they may need to mail their ballot for it to be postmarked by Election Day."

Fourteen states — Alaska, California, Illinois, Maryland, Massachusetts, Mississippi, Nevada, New Jersey, New York, Oregon, Texas, Virginia, Washington, and West Virginia — allow ballots received by a certain point after Election Day to be counted as long as they were postmarked on or before Election Day. Some states also require other election-related documents, such as voter registration applications, to be postmarked by a certain date if they are mailed.

Thirty-six states require ballots be received by election officials on or before Election Day to be counted. 

More states joined this group in 2025, with four states enacting laws requiring absentee/mail-in ballots to be received by the close of polls on Election Day. Those states are Kansas, North Dakota, Ohio, and Utah. North Dakota, Ohio, and Utah have Republican trifectas. In Kansas, the Republican-controlled Legislature overrode Democratic Gov. Laura Kelly’s veto.

In November, the U.S. Supreme Court agreed to hear Watson v. Republican National Committee, a case challenging the legality of a Mississippi law permitting absentee ballots postmarked by Election Day to be counted if they are received within five business days after the election.

In March, President Donald Trump (R) issued an executive order instructing the attorney general to take action to prevent states from counting absentee/mail-in ballots that arrive after Election Day. The order has since been challenged in court.

In the 2026 legislative sessions, lawmakers in three states have introduced or pre-filed bills related to absentee/mail-in voting deadlines, though only one bill pertains to when ballots must be received. Virginia SB 58 would allow ballots postmarked by Election Day and received by 5 p.m. on the third day after the election to be counted. Currently, ballots must be received by noon on the third day after the election.

Click here to learn more about absentee and mail-in voting.