A judge on Thursday blocked the Trump administration from immediately enacting certain changes to how federal elections are run, including adding a proof-of-citizenship requirement to the federal voter registration form.
The decision is a setback for President Donald Trump, who has argued the requirement is needed to restore public confidence in elections. But the judge allowed other parts of Trump’s sweeping executive order on U.S. elections to go forward for now, including a directive to tighten mail ballot deadlines around the country.
Trump’s March executive order overhauling how U.S. elections are run prompted swift lawsuits from the League of United Latin American Citizens, the League of Women Voters Education Fund, the Democratic National Committee and others, who called it unconstitutional.
U.S. District Judge Colleen Kollar-Kotelly in Washington sided with voting rights groups and Democrats, saying that the Constitution gives the power to regulate federal elections to states and Congress — not the president. She noted federal lawmakers are currently working on their own legislation to require proof of citizenship to vote.
In a 120-page decision on Thursday, she said the plaintiffs had proven that the proof-of-citizenship requirement would cause their clients irreparable harm and go against the public interest, while the government had offered “almost no defense of the President’s order on the merits.”
Accordingly, she granted a preliminary injunction to stop the citizenship requirement from moving forward while the lawsuit plays out.
The judge also blocked part of the Republican president’s order requiring public assistance enrollees to have their citizenship assessed before getting access to the federal voter registration form.
But she denied other requests from a group of Democratic plaintiffs, including refusing to block Trump’s order to require all mailed ballots to be received by Election Day nationwide. She also did not touch Trump’s order to open certain databases to billionaire Elon Musk’s Department of Government Efficiency to allow it to review state voter lists to search for noncitizens. The judge said those arguments brought by Democrats were either premature or should be brought by states instead.
The plaintiffs had argued Trump’s proof-of-citizenship requirement violated the Constitution’s so-called Elections Clause, which gives states and Congress the authority to determine how elections are run.
They also argued that Trump’s order asserts power that he does not have over an independent agency. That agency, the U.S. Election Assistance Commission, sets voluntary voting system guidelines and maintains the federal voter registration form. |
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