On March 31, 2026, President Trump signed an executive order attempting to establish a national list of eligible voters and directing the U.S. Postal Service (USPS), an independent federal agency, to transmit mailed ballots only to those voters appearing on the list.
Source: N.M. Department of Justice
Albuquerque, NM – Attorney General Raúl Torrez announced that he has filed a formal comment letter today, as part of a multistate coalition of 24 attorneys general, opposing the U.S. Postal Service’s attempt to aid the president’s efforts to restrict mail-in voting and subvert our elections through a proposed rule, and asking the Postal Service to withdraw the proposed rule.
“Mail-in voting is a proven, secure, and indispensable part of our election system, relied upon by over 90,000 eligible New Mexico voters in just the last election, including military personnel serving overseas, seniors, rural communities, and working families who depend on the flexibility it provides,” said Attorney General Raúl Torrez. “The Postal Service’s proposed rule represents a significant and unnecessary threat to the right to vote that would create confusion, strain local election administrators, and jeopardize the timely delivery of ballots – risking the disenfranchisement of countless eligible voters. I’m proud to stand with my fellow attorneys general and urge the Postal Service to abandon this unlawful and disruptive proposal.”
On March 31, 2026, President Trump signed an executive order attempting to establish a national list of eligible voters and directing the U.S. Postal Service (USPS), an independent federal agency, to transmit mailed ballots only to those voters appearing on the list. In the executive order, the President threatened states and elections officials with criminal prosecution and the loss of federal funding if they do not comply with his demands.
A federal judge struck down that executive order last week in a lawsuit joined by Attorney General Torrez, with that court order applying to the District of Columbia and 23 states including New Mexico. Yesterday, a federal judge ruled in a separate case that the USPS proposed rule violated a settlement between the USPS and the National Association for the Advancement of Colored People (NAACP). However, the USPS has still not rescinded its proposed rule to implement Trump’s illegal executive order. Under the proposed rule, USPS would create a centralized list of voter information and would refuse to deliver ballots to any eligible voter who is not on that list, essentially giving the federal government control over elections conducted by mail.
In the comment letter sent today, Attorney General Torrez and the coalition of attorneys general argue that the USPS proposed rule violates the federal court’s order, which enjoins the USPS from finalizing the proposed rule. The attorneys general further argue that the proposed rule implementing President Trump’s executive order amounts to an unconstitutional power grab by the federal government. The Constitution does not allow a President to unilaterally impose changes to federal election procedures, particularly without an act of Congress permitting them to do so. The attorneys general also argue the proposed rule conflicts with the USPS’s governing statutes and other federal voting laws.
The USPS proposed rule would enact these unconstitutional changes before the 2026 election. Implementing these changes would require states to upend their existing election administration procedures and conduct rushed statewide voter education efforts just weeks before the beginning of mail voting for the 2026 general election. Such drastic and rapid changes would undoubtedly create confusion, chaos, and distrust in state election systems, threatening to disenfranchise eligible voters and further decreasing confidence in our elections.
Under New Mexico law, mailed ballots and balloting materials must be sent to eligible residents who are serving overseas in the military no later than September 16, 2026 – some 10 weeks from today. Further, County Clerks will begin sending requested mailed ballots to eligible New Mexico voters on October 6, 2026.
State and federal law entitle all eligible voters to cast ballots and have their votes counted in state and federal elections. Voters of all parties, in all states, and of every background utilize mail-in voting—including the President himself. This week’s U.S. Supreme Court decision in Watson v. Republican National Committee reaffirmed states’ authority to administer their elections, like permitting voters to cast ballots by mail.
The formal comment letter was led by the attorneys general of California, Massachusetts, Nevada, and Washington, and they are joined by Attorney General Torrez and the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Wisconsin.
You must be logged in to post a comment.