A federal judge allowed President Trump’s order imposing restrictions on mail-in ballots to stand.
U.S. District Judge Carl Nichols rejected a request for an injunction on the order. According to Nichols, the order “does not mandate any action by a State once a List has been transmitted to it, and in any event, no infrastructure for compilation or transmission of the Lists has been established; no List has been created or transmitted; and no State has taken any action with respect to any List.” The “Lists” described by Nichols pertain to a policy in the order to establish state citizenship lists.
“The Court recognizes that the Postal Service may ultimately issue a final rule that directly affects Plaintiffs or their members, or that the Government may develop State Citizenship Lists that omit specific individuals due to particularized flaws,” Nichols added. “Plaintiffs may, of course, renew their motions if and when those future actions occur. Until then, however, Plaintiffs cannot show that preliminary injunctive relief is warranted.”
President Trump signed the order on March 31. It says that only U.S. citizens can vote in federal elections. “Federal statutes explicitly prohibit non-citizens from registering to vote or voting in Federal elections and impose criminal penalties for violations,” it says.
“The Federal Government has an unavoidable duty under Article II of the Constitution of the United States to enforce Federal law, which includes preventing violations of Federal criminal law and maintaining public confidence in election outcomes,” the order reads. “To enhance election integrity via the United States Mail, additional measures are necessary.”
