Ruling Against Executive Order
On Wednesday, U.S. District Court Judge Denise Casper permanently barred the Trump administration from enforcing most parts of his first executive order on elections. Key among the blocked measures was the requirement for registered voters to provide documentary proof of citizenship. This decision officially converts a preliminary injunction she issued earlier, preventing Trump’s substantial election overhauls into a permanent prohibition.
The order faced backlash from Democratic state attorneys general who argued it was unconstitutional. Judge Casper agreed, highlighting that the Constitution grants states and Congress authority over electoral processes, not the President. Appointed by former President Obama, Casper noted the Constitution lacks provisions granting the President specific election powers.
Details of the Proposed Changes
Trump’s order included measures such as requiring documentary proof of citizenship for voter registration, discarding mail ballots arriving post-Election Day regardless of postmark, and imposing sanctions on non-compliant states by withholding federal funds meant for election security improvements.
Democratic Response
New York Attorney General Letitia James expressed gratitude for the court’s intervention, reinforcing the importance of safeguarding voting rights. California Attorney General Rob Bonta emphasized the ruling supported state and congressional control over election rules, vowing continued opposition to Trump’s voting rights challenges.
Despite the ruling, the Trump administration plans to appeal, defending the executive order as lawful and stressing the need for public confidence in election administration.
Ongoing Legal Battles
The decision adds to other legal defeats faced by Trump’s election orders. A separate federal judge in Washington D.C. previously blocked inclusion of the citizenship proof requirement on federal voter registration forms and barred its application to military personnel.
Facing difficulties with implementing proof-of-citizenship mandates through executive orders, Trump shifts his focus to legislative efforts. The suggested SAVE America Act narrowly advanced through the House but stalled in the Senate, prompting Trump to advocate for terminating the filibuster hindering its progression.
Challenges of Proof-of-Citizenship Requirement
A University of Maryland study estimates 21.3 million eligible voters, across various political affiliations, lack easy access to citizenship documents.
- Passport acquisition: $165 cost, 4 to 6 weeks processing.
- Online birth certificates: processing range from a few days to 12 weeks.
- Changed names require additional documents.
Kansas previously saw 31,000 otherwise eligible voters’ registrations obstructed by a citizenship proof requirement until court intervention halted the law.
Misconceptions on Voting by Noncitizens
Claims of widespread noncitizen voting remain largely unsubstantiated. Federal forms already require an attestation of citizenship, with violations punishable by felony charges, leading to potential imprisonment or deportation.
Impending Supreme Court Decision
The U.S. Supreme Court is expected to rule soon on mail ballot deadlines, potentially affecting existing grace periods in 14 states.