Court Blocks Trump Order Restricting Mail-In Voting Before Elections

A federal appeals court has rejected the Trump administration's attempt to implement new restrictions on mail-in voting across 23 states. The ruling, issued late Saturday, upholds a temporary suspension previously granted by federal judge Indira Talwani on June 25. Talwani had concluded that several provisions of the executive order likely violated the Constitution.

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The plaintiff states have no other practical choice but to respond to the order now.

The Department of Justice had sought to suspend Talwani's decision during the appeals process. They argued that a coalition of 23 states and the District of Columbia, led by California, Massachusetts, Nevada, and Washington, filed their lawsuit prematurely. The administration claimed federal agencies had not yet finished developing the necessary measures to implement the order.

However, the Court of Appeals for the First Circuit dismissed this argument. The judges asserted that states must prepare for the upcoming elections and "the plaintiff states have no other practical choice but to respond to the order now." The court's decision emphasizes the urgency for states to address election procedures.

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The president lacks the authority to order the DHS to compile these records for the states.

The executive order, signed by Trump in March, directed the Department of Homeland Security (DHS) to compile lists of eligible U.S. voters based on federal citizenship records. It also instructed the Department of Justice to prioritize investigations into state and local election officials who send ballots to individuals deemed ineligible to vote. Judge Talwani previously ruled that the president lacks the authority to direct DHS to create such lists for states and that the Postal Service (USPS) is not legally authorized to impose binding rules on mail-in voting.

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The order cannot be used to intimidate local election officials.