(AP) — A federal judge has declined to halt President Donald Trump’s executive order creating a federal voter list and limiting mail voting, clearing the way for potential sweeping changes in how American elections are run shortly before this year’s midterm elections.
U.S. District Judge Carl Nichols, a Trump appointee in Washington, late Wednesday rejected the request by Democrats and civil rights groups that had argued Trump’s order would likely be found unconstitutional because the states and Congress, not the president, have the power to set election rules.
Nichols agreed with the Republican Trump administration’s contention that it was too early to block the order because it has yet to be implemented.
Nichols’ ruling leaves the door open for further challenges when the Trump administration moves to implement the president’s directive.
A separate lawsuit seeking to block the executive order is underway in Boston. No matter how rapidly the administration acts, no voting changes are expected during primary elections, which continue into next month.
“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 wrote. “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.”
Trump issued the order in March after a bill he supported to overhaul voting stalled in Congress. The order would have had the federal government create a list of eligible voters and then directed the U.S. Postal Service to deliver mail ballots only to those on the list. Election officials argued it was ripe for abuse and could cause chaos, and the postal union has objected to the idea of mail carriers policing ballots.
