THOMAS J. MARSHALL GENERAL COUNSEL AND Execunws VICE PRESIDENT UNITED TATES POSTAL SERVICE July 29, 2020 Honorable Jocelyn Benson Michigan Secretary of State 430 W. Allegan Street 4th Floor Lansing, MI 48933-1592 Dear Secretary Benson: Re: Deadlines for Mailing Ballots With the 2020 General Election rapidly approaching, this letter follows up on my letter dated May 29, 2020, which I sent to election of?cials throughout the country. That letter highlighted some key aspects of the Postal Service?s delivery processes. The purpose of this letter is to focus speci?cally on the deadlines for requesting and casting ballots by mail. In particular, we wanted to note that, under our reading of Michigan?s election laws, certain deadlines for requesting and casting mail-in ballots are incongruous with the Postal Service?s delivery standards. This mismatch creates a risk that ballots requested near the deadline under state law will not be returned by mail in time to be counted under your laws as we understand them. As I stated in my May 29 letter, the two main classes of mail that are used for ballots are First-Class Mail and USPS Marketing Mail, the latter of which includes the Nonpro?t postage rate. Voters must use First-Class Mail (or an expedited level of service) to mail their ballots and ballot requests, while state or local election of?cials may generally use either First-Class Mail or Marketing Mail to mail blank ballots to voters. While the specific transit times for either class of mail cannot be guaranteed, and depend on factors such as a given mailpiece?s place of origin and destination, most domestic First-Class Mail is delivered 2-5 days after it is received by the Postal Service, and most domestic Marketing Mail is delivered 3-10 days after it is received. To account for these delivery standards and to allow for contingencies weather issues or unforeseen events), the Postal Service strongly recommends adhering to the following timeframe when using the mail to transmit ballots to domestic voters: . Ballot requests: Where voters will both receive and send a ballot by mail, voters should submit their ballot request early enough so that it is received by their election of?cials at least 15 days before Election Day at a minimum, and preferably long before that time. . Mailing blank ballots to voters: in responding to a ballot request, election officials should consider that the ballot needs to be in the hands of the voter so that he or she has adequate time to complete it and put it back in the mail stream so that it can be processed and delivered by the applicable deadline. Accordingly, the Postal Service recommends that election officials use First-Class Mail to transmit blank ballots and allow 1 week for delivery to voters. Using Marketing Mail will result in slower delivery times and will increase the risk that voters will not receive their ballots in time to return them by mail. 475 UENFANT PLAZA SW WASHINGTON DC 20260?1100 PHONE: 202-268?5555 FAX: 202?268?6981 momummsmu?lusescov wvm.usps.com -2- . Mailing completed ballots to election officials: To allow enough time for ballots to be returned to election of?cials, domestic voters should generally mail their completed ballots at least one week before the state's due date. 80, if state law requires ballots to be returned by Election Day, voters shouid mail their ballots no later than Tuesday, October 27. Under our reading of your state's election laws, as in effect on July 27, 2020, certain state?law requirements and deadlines appear to be incompatible with the Postal Service?s delivery standards and the recommended timeframe noted above. As a result, to the extent that the mail is used to transmit ballots to and from voters, there is a significant risk that, at least in certain circumstances, ballots may be requested in a manner that is consistent with your election rules and returned and yet not be returned in time to be counted. Specifically, it appears that a completed ballot must be received by Election Day to be counted. If that understanding is correct, we accordingly recommend, as noted above, that voters who choose to mail their ballots do so no later than Tuesday, October 27. However, it further appears that state law generally permits voters to appiy by mail for a ballot until Election Day and provides that ballots will be mailed to voters until 4 days before the election. If a requested ballot is transmitted to the voter by mail at or near that 4-day deadline, there is a signi?cant risk that the ballot will not reach the voter before Election Day, and accordingly that the voter will not be able to use the ballot to cast his or her vote. Even if a voter receives a ballot before Election Day, there is a signi?cant risk that the voter will not have sufficient time to complete and mail the completed ballot back to election of?cials in time for it to arrive by the state?s return deadline. To be clear, the Postal Service is not purporting to de?nitively interpret the requirements of your state?s election laws, and also is not recommending that such laws be changed to accommodate the Postal Service's delivery standards. By the same token, however, the Postal Service cannot adjust its delivery standards to accommodate the requirements of state election law. For this reason, the Postal Service asks that election officials keep the Postal Service?s delivery standards and recommendations in mind when making decisions as to the appropriate means used to send a piece of Election Mail to voters, and when informing voters how to successfully participate in an election where they choose to use the mail. It is particularly important that voters be made aware of the transit times for mail (including mail-in ballots) so that they can make informed decisions about whether and when to (1) request a mail-in ballot, and (2) mail a completed ballot back to election of?cials. We remain committed to sustaining the mail as a secure, ef?cient, and effective means to allow citizens to participate in the electoral process when election officials determine to utilize the maii as a part of their election system. Ensuring that you have an understanding of our operational capabilities and recommended timelines, and can educate voters accordingiy, is important to achieving a successful election season. Please reach out to your assigned election mail coordinator to discuss the logistics of your mailings and the services that are available as well as any questions you may have. A list of election mail coordinators may be found on our website at: We hope the information contained in this ietter is helpful, and please iet me know if you have any questions or concerns. Sincerely, STATES 'ss PRIORITY MAIL UNITED STATES POSTAL FROM: .. EFFIEE SF THE EEMEEQL. Cult. ??555.52 EXECUTEUE VICE PRESIDENT UNITED SERVICE 475 6190 UASHIHGTOH, DC 2%259 "1199 ER DEM 1:31] 03? US 1 PAYMENT av ACCOUNT (if applicable) Corporate Acct. No. Federal Agency Acct. No. or Postal Service" Acct. No. eases DFLIVERY OPTIONS {Customer-Dee Only) ires the addressee' signature OR 2} Purchases additional insurance; OR 3} Purchases (200 service: 0R i'l SIGNATURE REQUIRED Note The mailer must check the "Signature Required? box if the mailer: Purchases Return Heoeipt service it the box is not checked. the Postal Servicewill leave the item in the addressee Delivery Options CI No Saturday Delivery {delivered next business day) CI Sundayi?Holiday Delivery Required (additional fee, where available?) [1 10:30 AM Delivery Required (additional tee, where available'] ?Refer to or local Post Office" tor availability. mail receptacle or other secure location without attempting to oblain the addressee? signature on delivery Aljl ON El 1 WWMWEZWW ll LS 11-Day 2-Day Sc dulled elivery Date . led 01 iivory Time lr'su'ance Fee Fe.? 3 '00 PM T0: PLEASE pm I "n PHONE :0 30W Fee i we Animal TranseorW is Heturn Receipt Fee Honorable Jocelyn Benson Michigan Secretary of State 430 W. Allegan Street 4th Floor Lansing, MI 48933-1592 I For pickup or visit or call 800-222-1811. I $100.00 insurance included. i PEEL FROM THIS CORNER r5313; Oct 2013 Suno' ey-?Holid 21y Premum Fee 3 Total Postage 8: Fees ught Flate Acceptance Emu - ee Initials livery Attempt (MMIDDNY) Time ?I?JEmployee Signature Cl AM PM Delivery Attempt [Mlv?li'DDi'YYl Time Employee Signature [3 PM PM 2013 PSN 7690620009998 3 a? UN ITEIJ ?3 a 3 .9 3 is the property of the US. Postal Service? and is provided solely for use in sending Priority Mail Express? shipments. Misuse latlon Of federal law. This packaglng is not for resale. EP13F U.S. Postal Service; October 2018 .2 min .E