A federal judge on Wednesday (May 27) declined to block President Trump's executive order creating a national voter list and restricting mail-in voting, clearing the way for potentially sweeping changes to how American elections are run — just months before the midterm elections.
According to The Associated Press, U.S. District Judge Carl Nichols — a Trump appointee — rejected the emergency request brought by Democrats and civil rights groups who argued the order is unconstitutional, since the power to set election rules belongs to states and Congress, not the president.
Nichols sided with the administration's argument that it was too early to block the order since it hasn't been fully implemented yet.
“The Court recognizes that the Postal Service may ultimately issue a final rule that directly affects Plaintiffs or their members, or that the Government may develop State Citizenship Lists that omit specific individuals due to particularized flaws,” Nichols wrote, per The AP. “Plaintiffs may, of course, renew their motions if and when those future actions occur. Until then, however, Plaintiffs cannot show that preliminary injunctive relief is warranted.”
Here's what the order actually does. Issued on March 31, it directs the Department of Homeland Security to work with the Social Security Administration to compile lists of adult U.S. citizens in every state and send those lists to state election officials.
It also directs the U.S. Postal Service to develop its own lists of eligible voters — and to only deliver mail-in ballots to people on those lists. Anyone left off the list, for any reason, could be locked out of voting by mail entirely.
The implications for Black voters — who rely heavily on mail-in voting and have historically faced barriers at the polls — are significant and immediate.
This is Trump's second attempt to restructure American elections by executive order. His first order, which sought to require documentary proof of citizenship to register to vote, has been blocked by multiple federal judges.
This new order is now being challenged on a separate track.
The legal battle has shifted to Boston, where voting rights groups have a separate lawsuit pending. Civil rights organizations say they will return to court the moment the administration moves to implement the voter lists.
"We are ready to resume the fight if and when the administration takes those next steps," Juan Proaño, CEO of the League of United Latin American Citizens, said, per The AP.
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