If you merely drop your ballot in the big blue mailbox or hand it to your postman on election day – or even a day or two before. Similarly, your tax return might not get postmarked in time. You could be a victim of Postal Service modernization. A new Rule by the Postal Service (90 FR 52883), effective December 24, 2025, gives a roadmap to avoiding the issues. The Rule is simply called Postmarks and Postal Possession and all it really does is define those terms. A postmark is “a marking applied by the Postal Service to a mailpiece.” The exercise of explaining the Rule, however, demonstrates the true process of how and where the postmark is applied, revealing why it is not the best practice to assume your mailing will be postmarked in time when facing a deadline that requires a postmark.
It is easy to visualize the changes that have occurred over the last ten years (more or less) in the kinds of mail delivered by the Postal Service: the volume of single-envelope-first-class mail has dropped precipitously, and the volume of packages has risen exponentially. The Postal Service has been modernizing its processes with automation and logistics, including establishing regional processing centers. One by-product is that most mail is postmarked by a regional processing facility.
The presence of a postmark confirms that the Postal Service accepted custody of the piece of mail and that it was in possession of the Postal Service on the identified date. It does not say (and it may not be true) that the date was applied on the first day the Postal Service accepted or took possession of the piece. In fact, it would be an exception rather than the rule if the date of first possession aligned with the date of postmark by a processing facility.
Now here is the lesson to be learned if you are relying on the postmark to meet some deadline (a “postmarked by”, not a “received by” deadline): Since more and more (almost all) of Oregon mail is routed to processing facilities, and postmarks are generally applied via automation in processing facilities, the actual postmark on your ballot or tax return will not be the date you dropped it off, but it could be as much as 5-7 days later, when it was processed.
Here is how to avoid this issue.
This issue is completely avoidable with some advanced knowledge and planning. Here are some strategies to consider:
If you are dealing with a ballot, simply don’t use the Postal System. Deposit your ballot in an official State Election Dropbox.
If you are very trusting and a slight risk taker, you might simply give the ballot or tax return to the postman or mail it in a postal service blue box seven days before the actual deadline. Remember that your ballot in Oregon can be counted if received within seven days after Election Day only if postmarked by Election Day. Note: The U.S. Supreme Court has taken up, and will decide this term, a case from Mississippi challenging acceptance of votes postmarked on or before Election Day but received after. Republican National Party v. Wetzel.
Take your ballot, tax return or other time-sensitive mail inside a local retail post office and request a manual postmark (also called a local postmark). There is no charge for this.
Or, if you prefer, at a local retail post office get a Certificate of Mailing. This acts as a receipt, providing proof of when the item was sent. Keep your copy; the USPS does not. There is a charge for this.
Send by registered or certified mail. These provide both proof of mailing and tracking. There is a charge for these products.
Spread the word.
Both USPS and the Oregon Secretary of State have indicated that they are planning substantial public education and publicity about this topic. But until it becomes common knowledge, alert your friends so that, like you, their ballots will be counted. And don’t forget to apply this lesson to your tax return!
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