BOSTON – In a significant legal ruling, a federal judge has permanently barred President Donald Trump’s administration from implementing most of his first executive order concerning elections. This order sought to mandate that individuals provide documentary proof of citizenship when registering to vote, a requirement that has now been deemed unconstitutional.
The decision, delivered by U.S. District Court Judge Denise Casper in Boston, effectively converts a preliminary injunction issued a year earlier into a permanent ban. This injunction had initially blocked many of Trump’s initiatives aimed at overhauling the electoral process.
In her ruling, Judge Casper dismissed the administration’s argument that the lawsuit, spearheaded by Democratic state attorneys general, was premature. She emphasized that the Constitution grants states and Congress the authority to regulate elections, asserting that Trump’s requirements infringed upon the separation of powers. “The Constitution does not grant the President any specific powers over elections,” she stated, highlighting the limitations of executive authority.
Among the proposed changes in Trump’s executive order were requirements for individuals to provide proof of citizenship for voter registration, a prohibition on counting mail ballots that arrived after Election Day (regardless of postmark), and penalties for states that did not comply, including withholding federal funding.
New York Attorney General Letitia James expressed gratitude for the court’s decision, describing it as a victory against Trump’s “unconstitutional attempt to seize control of our elections.” She reaffirmed her commitment to defending voting rights in the upcoming midterm elections: “Generations of Americans fought tirelessly for the right to vote, and we honor their legacy by protecting that right against anyone who tries to undermine it,” she stated.
Requests for comments from the White House and Department of Justice regarding the ruling have yet to receive a response. This judgment represents the latest in a series of legal setbacks for Trump’s electoral executive order, which he signed shortly after commencing his second term.
The president has since issued another executive order on elections, aimed at establishing a national voter list and limiting mail balloting, which also faces legal challenges. Last fall, a federal judge in Washington, D.C., blocked the inclusion of the proof-of-citizenship requirement on the federal voter registration form, affirming that such regulations should not be imposed without proper legal authority.
In light of the challenges in enforcing a proof-of-citizenship requirement via executive order, Trump has been lobbying Congress for legislative action. The proposed SAVE America Act has passed the House but is currently stalled in the Senate. In a recent move, Trump canceled the anticipated signing of a bipartisan housing bill, indicating that he would not support any legislation until his proof of citizenship requirement is passed.
Amidst these developments, Trump and several Republican allies have been promoting the narrative that noncitizen voting poses a significant threat. However, data shows that instances of such voting are exceedingly rare. The federal voter registration form already mandates individuals to attest to their U.S. citizenship, with violations subject to severe penalties, including felony charges and potential deportation.
In a related matter, the U.S. Supreme Court is expected to release an opinion soon regarding whether mail ballots must arrive by Election Day. This ruling could have immediate implications for 14 states that allow grace periods for ballots postmarked by Election Day, potentially changing the landscape of mail-in voting across the country.
