A federal judge blocked President Donald Trump’s executive order bolstering election integrity.
U.S. District Judge Denise Casper granted a preliminary injunction sought by numerous attorneys general opposing the order.
“There is no dispute (nor could there be) that U.S. citizenship is required to vote in federal elections and the federal voter registration forms require attestation of citizenship,” the ruling says. “The issue here is whether the President can require documentary proof of citizenship where the authority for election requirements is in the hands of Congress, its statutes do not require it, and the statutorily created EAC is required to go through a notice and comment period and consult with the States before implementing any changes to the federal forms for voter registration.”
“The Constitution does not grant the President any specific powers over elections. Rather, the Constitution vests the President with ‘executive Power’ and commands him to ‘take Care that the Laws be faithfully executed,'” Casper wrote.
In his executive order securing U.S. elections, Trump sought to require proof of citizenship, implement citizenship verification programs, review voter registration lists, and prohibit the counting of mail-in ballots received after Election Day.
“Free, fair, and honest elections unmarred by fraud, errors, or suspicion are fundamental to maintaining our constitutional Republic. The right of American citizens to have their votes properly counted and tabulated, without illegal dilution, is vital to determining the rightful winner of an election,” the order declares. “Under the Constitution, State governments must safeguard American elections in compliance with Federal laws that protect Americans’ voting rights and guard against dilution by illegal voting, discrimination, fraud, and other forms of malfeasance and error. Yet the United States has not adequately enforced Federal election requirements that, for example, prohibit States from counting ballots received after Election Day or prohibit non-citizens from registering to vote.”
