A federal appellate panel recently declined to obstruct President Donald Trump’s executive order intended to limit mail voting. This decision came a day after the administration petitioned the U.S. Supreme Court for its opinion in a separate legal case.
Appellate Panel Decision
The U.S. Court of Appeals for the District of Columbia’s three-judge panel upheld a May ruling by U.S. District Court Judge Carl J. Nichols. Nichols had determined an injunction against the executive order was premature. He stated that Democrats and voting rights groups challenging the order needed to wait for formal regulations from the Trump administration before seeking an injunction. The administration began issuing these regulations shortly thereafter.
The circuit court panel comprised of two judges appointed by former Democratic President Barack Obama and one by President Trump deemed the ruling appropriate. The decision, while unsigned, noted the possibility of court intervention if the administration attempted significant changes before November’s midterm elections. The ruling highlighted the President’s lack of explicit constitutional authority over elections and the impracticality of overhauling election procedures.
“The action the Order contemplates would involve the President, whom the Constitution vests with no express authority over the conduct of elections, undertaking a substantial and unfunded overhaul of election procedures,” noted the panel.
Separate Federal Case
In Massachusetts, a federal judge previously blocked the executive order from being enacted for the upcoming elections. This ruling came after it was determined the order forced states to hastily alter their election procedures, a power granted to them under the U.S. Constitution. This ruling was upheld by a Boston-based appeals court and was further appealed to the U.S. Supreme Court by the Trump administration.
The Postal Service’s Role
The Postal Service has yet to comment on its actions regarding the executive order, though the American Postal Workers Union disclosed activity. The union, opposing the implementation, mentioned that its members are directed to develop an online portal for voter eligibility verification for mail ballots.
Jonathan Smith, President of the American Postal Workers Union, stated in an interview, “The IT people in the background are moving forward with creating the portals to make sure that we can accomplish the task if given to us.”
Executive Orders and Congressional Push
President Trump has often sought unilateral modifications to voting procedures during his term, consistently facing judicial barriers. The persistent efforts stem from false claims of voter fraud, cited as explanations for his 2020 election loss to Democrat Joe Biden.
Through his March executive order, Trump instructed the federal government to compile a list of eligible voters, mandating the U.S. Postal Service to deliver ballots solely to those listed. Legal challenges highlighted that election control is constitutionally delegated to states, not the president, with no congressional legislative changes to federal election procedures.
Earlier, Trump enacted another executive order, post-assumption of office, imposing a nationwide voter ID and citizenship document requirement for voter registration. Although pushing Congress towards passing a comprehensive voting bill incorporating evidence of citizenship, the legislation has stalled in the Senate, facing bipartisan resistance.
The Associated Press writer John Hanna contributed to this report.