Independent Agency Rules — Week of Mar 30, 2026

This week, two executive orders were published that direct federal agencies to take significant new actions in election administration and federal contracting—areas where independent agencies and states have traditionally operated with substantial autonomy.

The first, Ensuring Citizenship Verification and Integrity in Federal Elections, orders the U.S. Postal Service to create new rules requiring barcode tracking on mail-in ballot envelopes and effectively bars USPS from delivering ballots to people not on a new federal enrollment list. It also directs the Attorney General to prioritize prosecuting state and local election officials who send ballots to ineligible individuals. This might matter because it could shift control over how mail-in voting works from state election officials—who have managed these processes under the Constitution—to the federal executive branch, potentially changing who receives ballots and under what conditions.

The second, Addressing DEI Discrimination by Federal Contractors, requires companies doing business with the government to certify they do not engage in diversity, equity, and inclusion activities—defined so broadly it could include mentoring programs, diversity training, or outreach efforts. Companies that certify falsely could face prosecution under fraud laws. This could affect the independence of agencies like the EEOC that Congress created to oversee workplace civil rights, by effectively rewriting the rules of employment practices through contracting requirements rather than legislation.

There are alternative ways to read these actions. The election order addresses a real legal prohibition—noncitizens cannot vote in federal elections—and improving verification systems is a broadly shared goal. The contracting order uses a well-established presidential power over federal procurement. Both orders will likely face legal challenges and judicial review that could significantly narrow their practical impact.

Still, the breadth of both orders—particularly the criminal enforcement provisions aimed at state officials and federal contractors—goes beyond typical executive action in these areas and warrants close attention as implementation proceeds.

Limitations: Only two documents were reviewed this week, and no implementation actions, court rulings, or agency responses are yet available. This is AI-generated analysis, not a finding of fact.