NATIONAL CONFERENCE OF STATE LEGISLATURES
NCSL Capitol to Capitol
State-federal legislation news and updates from NCSL.
Sept. 1, 2026
This week: A U.S. Postal Service rule on mail-in ballots continues to face court challenges. Additionally, the Department of Education released a proposed rule on higher-education accreditation, Meta settlement establishes baseline for youth online safety and changes to Endangered Species Act Regulations finalized.
WASHINGTON WATCH: WHAT STATES NEED TO KNOW
Federal Judge Temporarily Blocks New Mail Ballot Requirements
A federal judge on Thursday temporarily blocked implementation of new mail ballot requirements included in a March executive order while ongoing legal challenges proceed. The action follows the Supreme Court’s decision Monday addressing certain aspects of the executive order, which directs the U.S. Postal Service to take a more direct role in election administration. The developments come with fewer than 70 days until Election Day. The new Postal Service rule contains three key elements, corresponding directly to the executive order:
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Envelope design and review standards: Ballot delivery and return envelopes must adhere to Postal Service standards, connecting mail ballot envelopes to individual voters and ensuring that ballot mail is “automation compatible.” These standards are similar to past Postal Service recommendations for election mail, but this is the first time envelopes would be required to contain certain features and be reviewed by the service.
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Preelection notification: States have the option to notify the Postal Service of their intent to use absentee/mail ballots at least 90 days before an election. The service says this improves its ability to assist states by sharing contacts and facilitating the addition of voters to the mail-in and absentee list.
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Mail/absentee ballot participation list: Election officials must provide the Postal Service with a comprehensive list of all individuals who are sent an absentee/mail ballot. This list would be submitted through a new Federal Ballot Mail Portal and may be updated or modified by election officials as needed until the deadline to mail ballots in their state. State criteria for mail ballot eligibility would remain intact in each state.
► NCSL: 6 Questions: What’s Going On With the New Mail Ballot Rules?
► U.S. District Court District of Massachusetts: League of Women Voters of Massachusetts v. Donald J. Trump
STATE-FED AT YOUR FINGERTIPS
Department of Education Proposes Overhaul of Higher Ed Accreditation | The department says the proposed rule would streamline processes and remove barriers to recognizing new accreditors while adding new requirements for accreditors to account for student outcomes, monitor institutional transfer-of-credit policies, and evaluate intellectual diversity and academic freedom. The proposal is based on language agreed to in May by the department’s Accreditation, Innovation and Modernization negotiated rulemaking committee. Comments are due by Sept. 21.
► Federal Register: Accreditation, Innovation, and Modernization: The Secretary's Recognition of Accrediting Agencies …
Meta Settlement Establishes New Baseline for Youth Online Safety | Meta has agreed to pay up to $17 billion and make broad changes to its Facebook and Instagram platforms to resolve lawsuits from a bipartisan coalition of states alleging the company’s design features harmed children and teens. The settlement includes daily time limits for minors, stronger parental controls, age-verification tools and more. These changes are widely viewed as a practical benchmark as outlined in a recent NCSL report on youth mental health in the digital age. State lawmakers are weighing a range of responses to children’s online safety, including:
- Social media and data privacy protections.
- Age-appropriate design standards.
- School cellphone policies.
- Digital literacy.
- Youth mental health supports.
For states, the agreement could direct funding toward youth online safety initiatives and other priorities while providing lawmakers with a clearer model for future legislation and attorneys general with a potential enforcement road map for other digital platforms.
► NCSL: Youth Mental Health in a Digital Age: State Policy Trends on Social Media and Emerging Technologies
► AP News: Meta reaches landmark $18 billion settlement with states in trial over teen social media addiction
► Axios: Meta settlement highlights Congress deadlock on kids’ online safety
Administration Finalizes Changes to Endangered Species Act Regulations | The finalized changes will reduce certain wildlife protections and give federal agencies greater flexibility in balancing species recovery conservation goals with economic considerations. One change ends the long-standing “blanket 4(d) rule,” which automatically extended many of the ESA’s strongest protections to species designated as “threatened.” Instead, protections for threatened species will be determined through species-specific rules. The administration also changed the process for designating critical habitat, allowing officials to place weight on economic, national security and other factors when deciding whether areas should receive habitat protections.
► US Fish & Wildlife Service: Endangered Species Act
► NCSL: State Wildlife Policy—Managing Resources and Funding Conservation
► NCSL: Federal Proposal Would Give Monarch Butterflies Threatened Status
📅 Upcoming NCSL Events
Virtual Events
Sept. 3 | NCSL and NIEER 2026 Yearbook Meeting
In-Person Meetings
Oct. 14 | Roundtable on Evaluating Economic Development Incentives
Professional Development for Legislative Staff
Sept. 13 | NLSSA Training Conference
Sept. 29 | NLPES Professional Development Seminar
Sept. 30 | NALIT Professional Development Seminar
Oct. 4 | ASLCS Professional Development Seminar
NCSL Strengthens Bipartisanship
Every state legislator and staffer is a member of the organization and has complete access to the latest in bipartisan policy research, training resources and technical assistance tailored specifically to their needs.
About Capitol to Capitol
Capitol to Capitol was established in 1994 to provide up-to-date information on important federal legislation. NCSL is committed to enhancing the role of states and state legislatures in the federal system.
