The fight Over mail-In voting won't affect women in every state equally

The fight Over mail-In voting won't affect women in every state equally
Photo by Oxana Melis / Unsplash

The fight over mail-in voting has become a national story ahead of the November midterms. But what potential federal changes could actually mean for voters depends heavily on where they live.

That matters to women in particular. Women consistently make up a larger share of the electorate than men: in 2024, about 91.3 million women voted, compared with 82.6 million men. Census data (Table 14) also show that more women than men cast their ballots by mail.

But there is no single American system for voting by mail.

A woman in Oregon automatically receives a ballot because nearly the entire state election is conducted by mail. A woman in California also automatically receives one, with several ways to return it. A woman in Wisconsin can choose to vote absentee but generally must request the ballot. And in Texas, a woman must first qualify to vote by mail at all.

Those differences have taken on new significance because of a federal rule that could add another layer of requirements to state mail-voting systems just weeks before the November 3 election.

What could change?

In August, USPS finalized new requirements for mail ballots in federal elections, including a new federal portal, voter-specific barcodes and prescribed envelope requirements. USPS says the changes are intended to improve ballot tracking and processing; state and local election officials have raised concerns about implementing the new system so close to the November election.

The rules are currently blocked while litigation continues. WRDI's Lisa Rockelli Gordon explains the legal fight and how we got here.

For this article, we're asking a different question: If the rules do take effect, what could they mean for women voting under very different state systems?

Note: One part of the new process is especially important for voters to understand. According to the Congressional Research Service, neither the executive order behind the changes nor the final USPS rule provides a process for an individual voter to appeal her exclusion from the new federal participation list. Because access to that list would be restricted, a voter could be unaware that there is a problem until an expected ballot doesn't arrive.

Oregon: When voting by mail is the election system

How it works now
Oregon automatically mails ballots to all registered voters. For the November election, ballots begin going out October 14. Voters can mail them back or use an official ballot drop box. Mailed ballots must be postmarked by Election Day, while ballots returned to a drop box must arrive by 8 p.m. on Election Day.

In other words, voting by mail isn't an alternative used by one group of Oregon voters. It is the basic infrastructure through which Oregon conducts its elections.

What could change
Oregon Elections Director Dena Dawson has warned that complying with the new envelope requirements could require election officials to reprint materials. Vendors don't maintain large reserves of the necessary paper, she said, and supply constraints could make it difficult to produce replacement envelopes in time.

What voters can do
Oregon's My Vote system allows voters to check their registration and ballot status and find an official ballot drop site. State officials say the November election is proceeding under Oregon's existing vote-by-mail system while the federal rule remains blocked.

California: A ballot for everyone and a massive system to adapt

How it works now
California automatically mails a ballot to every active registered voter. Counties must begin mailing ballots by October 5.

Voters can return them by mail, at a ballot drop box, at a county elections office, or at a polling or voting location. Mailed ballots count if they are postmarked by Election Day and received by November 10.

What could change
For California, one of the biggest challenges is scale.

The state has about 23 million registered voters, and approximately 16 million mail ballots were cast in the 2024 general election. California officials have argued that incorporating millions of voters into the new federal process so close to Election Day would create enormous logistical challenges.

They have also raised a more fundamental concern: under the new federal process, an eligible California voter could potentially be omitted from the participation list and not receive the ballot that state law otherwise requires the county to send her.

What voters can do
California recommends returning ballots as soon as possible and mailing them at least seven days before Election Day. Voters can instead use an official drop box or voting location and can sign up for the state's Where's My Ballot? service to receive notifications when their ballot is mailed, received, and counted.

Wisconsin: Broad absentee access, administered locally

How it works now
Wisconsin doesn't automatically mail ballots to all voters, but any registered voter can request an absentee ballot without giving a reason.

Unlike Oregon, Wisconsin's elections are highly decentralized. Absentee voting is administered by municipal clerks across the state rather than through a single centralized election office.

What could change
That local structure is what makes Wisconsin different.

Wisconsin has 1,850 municipal clerks and more than 2,500 people authorized to modify voter records. Wisconsin Elections Commission Chair Don Millis has warned that adding the new federal portal and ensuring that every absentee voter is properly enrolled on the required timeline would be extremely difficult.

Some Wisconsin clerks had also begun mailing ballots before the latest federal court rulings, illustrating another complication of introducing a new federal process after election administration is already underway.

What voters can do
Wisconsin voters can use MyVote Wisconsin to check their registration, request and track an absentee ballot, and find voting information. Voters who plan to vote absentee can also check with their municipal clerk about local ballot-return options, including whether a ballot drop box is available.

Texas: First, you have to qualify to vote by mail

How it works now
Texas sits at the other end of the spectrum.

Not every Texas voter can choose to vote by mail. Eligibility is generally limited to voters who are 65 or older, sick or disabled, will be away from their county during the voting period, are expecting to give birth within three weeks before or after Election Day, or meet certain confinement requirements.

Eligible voters must apply for a mail ballot. For the November election, applications must be received by October 23.

Texas also requires identifying information on mail-ballot applications and ballot materials to match information associated with the voter's registration record.

What could change
The new federal requirements wouldn't replace those Texas rules. They would add another administrative layer after a voter has already qualified and applied under state law.

Texas election officials involved in litigation over the USPS rule have raised concerns that the new federal system could create additional opportunities for delays or errors in getting ballots to eligible voters.

That makes Texas different from Oregon and California in an important way: the federal process would apply to a smaller pool of mail voters, but those voters already have more state requirements to satisfy before receiving their ballots.

What voters can do
Eligible Texas voters who plan to vote by mail can apply now rather than waiting for the October 23 deadline. The Texas Secretary of State also provides a Ballot by Mail Tracker that voters can use to check the status of their application and ballot.

For most domestic voters, a mailed ballot must arrive by 7 p.m. on Election Day if it is not postmarked, or by 5 p.m. November 4 if it is properly postmarked by Election Day.

The federal fight is national. The voting systems aren't.

For now, women in Oregon, California, Wisconsin and Texas should expect the November election to proceed under their states' existing rules. A federal judge on September 4 blocked the mandatory portions of the new USPS rule from being implemented for the November 3 election while litigation continues. The Trump administration has asked the U.S. Supreme Court to allow the requirements to take effect.

But the dispute illustrates something larger about voting rights in America.

A national policy change does not necessarily create a national experience.

State law still determines who can vote by mail, whether a ballot arrives automatically, what a voter must do to request it, how she can return it, and when it must arrive.

That's why understanding a federal change often starts with understanding the voting system where you live.

Mail-in voting rides roller coaster of court rulings, with more to come (Aug 26)
Two states, two visions: voting rights in Oregon and Georgia (July 26)
Texas mail-in voting rules will remain strict (Sep 25)
Mail-in voting guaranteed in California (July 25)
WI voter rights expanded in 2024 (June 25)

Resources

Important Dates for the Party Conventions, Primary Elections, and General Election - Texas Secretary of State
Frequently Asked Questions - VoteTexas.gov
Key Dates and Deadlines - California Secretary of State
Upcoming Elections - Oregon Secretary of State

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