Judge Declines to Block Trump’s Mail-in Voting Order

The executive order, signed by Trump, directs the Department of Homeland Security to work with the Social Security Administration to compile lists of adult U.S. citizens in each state. These lists would then be sent to state election officials. Additionally, the order tasks the U.S. Postal Service with creating lists of eligible voters and only delivering mail-in ballots to those individuals.

Democrats and various voting rights groups have filed lawsuits challenging the order, arguing that it oversteps presidential authority and encroaches on the powers reserved for state legislatures and Congress under Article I of the Constitution. They also contend that the order could lead to voter suppression, particularly among demographics that tend to favor mail-in voting, such as Democrats.

Judge Nichols stated that the plaintiffs had not demonstrated sufficient harm to warrant preliminary injunctive relief, as no agency had yet acted in a way that could demonstrably harm them. However, he noted that the plaintiffs could renew their motions if future actions by federal agencies directly affect them or their members.

While Trump has claimed the order aims to prevent illegal voting by noncitizens, studies have shown such occurrences to be rare. The order comes as Republicans seek any advantage ahead of the midterm elections, with historical trends indicating that Democratic voters are more likely to use mail-in ballots.

The order directs federal agencies to create lists of eligible voters and restricts mail-in ballot delivery to those on the lists.

They argue it infringes on the constitutional power of state legislatures and Congress to regulate elections.

The judge stated that the plaintiffs had not yet demonstrated sufficient harm to warrant injunctive relief.

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