D.C. Memo: Postal service seeks voter lists from states — or else


WASHINGTON — The U.S. Postal Service has issued a new rule that could impact Minnesota’s mail-in and absentee ballots ahead of this year’s midterm election.

It offers states a dire choice: give the USPS lists of all voters who would receive mail ballots or risk losing the ability to mail those ballots.

More than 1.3 million Minnesotans voted by mail or absentee ballot in the 2024 election, according to the Minnesota Secretary of State’s office. 

The proposed rule by the independent government agency also lays out other new conditions that states would have to meet to send ballots through the mail and gives the USPS unprecedented authority over federal elections.

The postal service issued the rule in response to a directive President Donald Trump issued March 31 because of what the president insists — without proof — is widespread fraud in American elections.

“To enhance election integrity via the United States Mail, additional measures are necessary,” Trump’s executive order said.

It said the Department of Homeland Security would provide states with a “Citizenship List” of “individuals confirmed to be United States citizens who will be above the age of 18 at the time of an upcoming Federal election and who maintain a residence in the subject State.”

But the USPS rule would seem to give states more leeway, leaving states in charge of deciding which voters end up on the lists submitted to the agency through “State-Specific Participation Lists.”

“Under this proposal, states would retain full control over who would (or would not) be able to vote by mail in federal elections within each state,” the proposed rule says.

Trump’s executive order also calls for “secure ballot envelope identifiers,” such as bar codes, on ballots and envelopes.

The USPS rule would require the identifying bar codes.

Minnesota Secretary of State Steve Simon, who has resisted Trump administration requests for information about state voters, said the president does not have the authority to make unilateral changes to election laws. 

“The U.S. Constitution gives states and Congress the responsibility to make laws on elections,” he said in a statement. “Our office has helped stop his actions before and we are now exploring our legal options to stop this new order from taking effect.

Simon also said that voting by mail is secure and trustworthy and that millions of Minnesotans have used this service for decades.

Minnesota is also among 23 Democratic states that are suing Trump and his administration to block any new rule by the postal service regarding mail in ballots. Like Simon, the states say the president has no authority to do what he has told the USPS to do.

“The Constitution assigns primary responsibility for federal elections to the States, subject only to preemption by Congress,” their lawsuit said.

The new mail-in voting rules would not apply to primary elections, which Trump’s executive order concedes are the responsibility of state parties. They would, however, apply to all other federal elections.

GOP lawmakers call for Walz, Ellison to resign 

Rep. Tom Emmer, R-6th District; Pete Stauber, R-8th District; Michelle Fischbach, R-7th District; and Brad Finstad, R-1st District, were again united this week in backing a Trump initiative when they called for the resignation of Gov. Tim Walz and Attorney General Keith Ellison.

The lawmakers sent a letter this week to the Democratic officials that said “Minnesotans have endured your failures for far too long.”

“As members of the Minnesota Republican delegation, we believe the confidence necessary to effectively govern has been irreparably damaged,” the letter said. “We therefore urge you to resign from office immediately. Minnesota deserves leadership that will restore accountability, rebuild public trust, and ensure that taxpayer dollars are protected from waste, fraud, and abuse.”

The calls for the resignation of these top Democratic state officials came after the release of a report by the GOP-led House Oversight and Government Reform Committee on fraud in Minnesota’s social service programs that accused Walz and Ellison of looking the other way.

Armed with the report, which a Walz spokesman called a “joke” and Ellison a “partisan” stunt, Vice President JD Vance referred it to the Justice Department for criminal prosecution.

But don’t expect Walz or Ellison to abandon their offices.

“Vice President Vance’s referral is a partisan stunt from an administration that uses the machinery of government to target its perceived opponents while extending leniency to those aligned with its interests,” Ellison said.

Minnesota, and especially its Democratic officials and federal lawmakers, have become a punching bag for Trump and his MAGA followers.

Finstad, who is facing a tougher-than-expected challenge from Democrat Jake Johnson and who needs to motivate the GOP base, was the lead on the letter demanding the resignations of Walz and Ellison.

If the Justice Department decides to file criminal charges against Walz, it would be the second case federal law enforcement officials have opened on the governor.

The DOJ has already opened criminal probes into the state’s Democratic leadership — including Walz and Minneapolis Mayor Jacob Frey — accusing them of impeding federal immigration actions. 

In other news:

▪️Reporter Shadi Bushra wrote about a “lottery” known as the “Refugee Roulette” in which the state’s Russian immigrants are winners even as those from other countries now have little chance of a successful application for asylum.

▪️State Government reporter Matthew Blake has a story about how the state is scrambling to recertify more than 3,400 Medicaid providers who were disenrolled because they serve in programs that are at high risk of fraud. 

▪️Vice President JD Vance asked the Justice Department to investigate Gov. Tim Walz and Attorney General Keith Ellison following the release of a scathing report by the House Oversight and Government Affairs Committee. That panel is  led by Rep. James Comer, R-Ky., one of Trump’s fiercest attack dogs on Capitol Hill.

▪️Greater Minnesota reporter Brian Arola wrote that while the Hennepin County Medical Center emerged from the legislative session as an obvious winner, Greater Minnesota hospitals have not been as lucky as Medicaid dollars shrink and they face other financial pain.  

Please keep your comments, and any questions, coming. I’ll try my best to respond. Please contact me at aradelat@minnpost.com.



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You’ve built your small business from the ground up. It’s your pride and joy, your financial security, and a potential legacy for your family. But what happens to your business interests after you’re gone? Without proper estate planning, your small business could face a chaotic future, disrupting operations, hurting employees, and jeopardizing your loved ones’ inheritance.

Business estate planning is your secret weapon. It’s not just for the ultra-wealthy with complex trusts and wills. For small business owners, it’s a crucial tool to ensure business continuity and protect your business value. Here’s how you can craft a comprehensive estate plan:

Know Your Business Inside and Out

The first step in your estate planning process is taking a deep dive into your business affairs. Make a list of all your business assets: equipment, inventory, intellectual property, and real estate.

Furthermore, don’t forget your business debts like loans and outstanding payments. This comprehensive list helps you understand what needs protecting and planning for in your estate planning documents.

Chart Your Business’s Future Course

What do you envision for your business after you’re gone? Should it stay in the family? Be sold to a trusted partner? Wind down entirely? This is where business succession planning comes in. It’s about deciding the future of your business in a way that honors your legacy and sets your team up for success.

Here are some questions to consider:

  • Family Business? Do you have a family member who shares your passion and has the skills to lead?
  • Trusted Partner? Is there a key employee you see as the ideal successor?
  • Time for a Change? Are you open to selling the business to ensure a smooth transition?

There’s no right or wrong answer. The key is to have open conversations with your loved ones and key employees to understand their goals and aspirations. This will guide you in crafting a business succession plan that feels right for everyone involved.

Develop a Rock-Solid Business Succession Plan

This plan outlines who will take over your business and how. You might identify a family member, a key employee, or even an outside buyer. The business succession plan should detail the transfer process, including training and timeline.

Here’s how to craft a plan as strong as your business itself:

  • Identify Your Successor: It could be a family member you’ve been mentoring, a trusted key employee, or even an outside buyer.
  • Groom Your Successor: Start by involving them in key decisions to give them opportunities to learn the ropes.
  • Plan for the Unexpected: Have a backup plan in place. Identifying another potential leader or outline a buy-out option for remaining partners.

An experienced estate planning attorney like Keele & Parke can help you draft a legally sound plan that considers state law and tax implications.

Avoid Conflict with Ironclad Sell Agreements

If you have co-owners, a sell agreement is vital. This agreement dictates what happens to a deceased or incapacitated owner’s share of the business. It prevents conflict among remaining partners and ensures a smooth ownership transition in your overall estate plan.

Wills vs. Trusts: Choosing the Right Tool

A will can designate who inherits your business assets. But the problem is it can be a slow and public process through probate court.

Here’s where a revocable living trust comes in. Think of it as a private vault that holds your business assets during your lifetime. You can name yourself as trustee, so you’re still in control.

Another thing, you can designate a successor trustee to seamlessly take over managing the business if you become disabled or pass away. This avoids probate and keeps things running smoothly for your loved ones and your employees.

Wills are still important for your overall estate plan, especially for personal assets outside the trust. But for your business, a revocable living trust offers flexibility, privacy, and peace of mind.

Minimize Estate Taxes Through Strategic Planning

Nobody wants a big chunk of their hard-earned business value going to the government after they’re gone. That’s where estate taxes come in, and they can be a real burden for your family. But don’t worry, there are smart estate planning strategies you can use to minimize the impact of these taxes.

  • Smart Business Structure: The legal entity you choose for your business can impact your estate taxes. Talk to your estate planning attorney about structuring your business as a limited liability company (LLC) or another entity that might offer tax advantages.
  • Explore Powerful Trusts: There are special types of trusts, like grantor retained annuity trusts (GRATs), that can be used to transfer ownership of your business interests to your heirs while minimizing the taxable value of those assets.

The right strategy for you will depend on your specific situation and goals. That’s why it’s crucial to work with an experienced estate planning attorney and financial advisor. They can help you create a personalized plan that minimizes your estate taxes and protects your legacy.

Don’t Neglect Your Personal Estate Plan

Your business is just one piece of the puzzle. You also need a personal estate plan that includes a will, power of attorney, and healthcare directives. Without it, your loved ones could face a legal mess during tough times. Bills might go unpaid, important decisions could be delayed, and family heirlooms could end up in the wrong hands.

An estate plan ensures your wishes are followed. It names guardians for your minor children, designates beneficiaries for your personal assets (like your home and savings), and appoints someone you trust to make healthcare decisions if you’re unable to. This gives your family peace of mind knowing they’re taken care of, even in your absence.

Life Insurance: A Lifeline for Your Loved Ones

A life insurance policy provides your beneficiaries with a lump sum of cash upon your death. This can be crucial for surviving family members or business partners, especially if they need to buy out another owner’s share through a sell agreement or pay estate taxes.

Regularly Review and Update Your Plan

Life circumstances change, and so should your estate plan. Regularly review your plan, especially after major life events like marriage, children, or changes in your business structure.

Seek Professional Guidance for a Comprehensive Plan

Business estate planning involves complex legal and financial considerations. Don’t try to go it alone. Consult with an experienced estate planning attorney specializing in business succession planning and a financial advisor with experience in small business matters. Their expertise can ensure your estate plan is comprehensive, legally sound, and achieves your goals for business continuity and protecting your loved ones.

Final Thoughts

Safeguarding your business is like protecting your family’s future. Take control. Schedule a consultation with an experienced estate planning attorney today. They’ll guide you through the process and ensure your legacy lives on.



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