A federal appeals court has upheld a ruling that in nearly half of U.S. states halted President Donald Trump’s executive order to create a federal list of eligible voters and limit delivery of mail ballots only to people on that list.
The ruling Saturday by judges of the 1st U.S. Circuit Court of Appeals rejected the Trump administration’s effort to move forward with the mail-in voting restrictions in 23 U.S. states that sued ahead of November’s midterm elections.
Trump issued an executive order in March for the director of U.S. Citizenship and Immigration Services and the commissioner of the Social Security Administration to create a “state citizenship list” of eligible voters. It also ordered the U.S. Postal Service to deliver mail ballots only to people on that list.
While Trump touted the proposed changes as safeguards to keep non-U.S. citizens from voting, state election officials argued they were ripe for abuse and could cause chaos.
Democratic officials in 23 states and the District of Columbia challenged Trump’s order in a lawsuit filed in U.S. District Court in Boston. They argued that Trump’s order was unconstitutional because the states and Congress, not the president, have the authority to set election rules.
U.S. District Court Judge Indira Talwani, who was nominated by Democratic President Barack Obama, agreed and halted Trump’s orderfrom being implemented for the Nov. 3 elections — but only in the states that have sued.
The Justice Department said in an emailed statement Sunday that it is “reviewing all options” regarding its next legal steps and is confident that Trump’s executive order will ultimately be upheld.
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