#Trump’s March 25 #ExecutiveOrder sought to compel officials to require documentary proof of citizenship for everyone registering to #vote for federal #elections [you already must be a citizen], accept only mailed ballots received by Election Day & condition federal #election grant funding on #states adhering to the new #ballot deadline.
#law #ElectionLaw #ExecutiveOverreach #AbuseOfPower #VoterSuppression #VoteNullification #democracy
The #state AGs said the directive “usurps the States’ #constitutional #power & seeks to amend #ElectionLaw by fiat.” The #Trump admin defended the order as “standing up for free, fair & honest elections” & called proof of citizenship a “commonsense” requirement.
Judge Denise J. Casper of the US District Court in Massachusetts said in Friday’s order that the #states had a likelihood of success as to their #legal challenges.
#law #ExecutiveOverreach #AbuseOfPower #VoterSuppression #democracy
“The #Constitution does not grant the President any specific powers over #elections,” Judge Casper wrote.
https://storage.courtlistener.com/recap/gov.uscourts.mad.282905/gov.uscourts.mad.282905.107.0.pdf
Casper also noted that, when it comes to #citizenship, “there is no dispute (nor could there be) that U.S. citizenship is required to vote in federal elections & the federal voter registration forms require attestation of citizenship.”
#Trump #law #ElectionLaw #ExecutiveOverreach #AbuseOfPower #VoterSuppression #VoteNullification #democracy
Casper cited arguments made by the #states that the requirements would “burden the States with significant efforts & substantial costs” to update procedures.
The ruling is the second #legal setback for #Trump’s election order. A federal judge in Washington, D.C., previously blocked parts of the directive, including the proof-of-#citizenship requirement for the federal #VoterRegistration form.
#law #ElectionLaw #ExecutiveOverreach #AbuseOfPower #VoterSuppression #VoteNullification #democracy
The order is the culmination of Trump’s longstanding complaints about #elections. After his first win in 2016, #Trump falsely claimed his popular vote total would have been much higher if not for “millions of people who voted illegally.” Since 2020, Trump has made false claims of widespread voter fraud & manipulation of voting machines to explain his loss to Democrat Joe #Biden. [when really he’s just a sore loser]
#law #ElectionLaw #ExecutiveOverreach #AbuseOfPower #VoterSuppression #democracy
#Trump has said his #ExecutiveOrder *secures* elections against illegal voting by noncitizens, though multiple studies & investigations in the #states have shown that it’s exceedingly rare & typically a mistake. Casting a ballot as a noncitizen is already against the #law & can result in fines & #deportation if convicted.
#ElectionLaw #ExecutiveOverreach #AbuseOfPower #VoterSuppression #VoteNullification #democracy
The order also would require #states to exclude any mail-in or absentee ballots received after Election Day & puts states’ federal #funding at risk if #election officials don’t comply. Currently, 18 states & Puerto Rico accept mailed ballots received after Election Day as long they are postmarked on or before that date, according to the National Conference of State Legislatures.
#Trump #law #ElectionLaw #ExecutiveOverreach #AbuseOfPower #VoterSuppression #VoteNullification #democracy
Oregon & Washington, which conduct their #elections almost entirely by mail, filed a separate lawsuit over the #ballot deadline, saying the #ExecutiveOrder could disenfranchise voters in their #states. When the lawsuit was filed, Washington Secretary of State Steve Hobbs noted that more than 300,000 ballots in the state arrived after Election Day in 2024.
#Trump #law #ElectionLaw #ExecutiveOverreach #AbuseOfPower #VoterSuppression #VoteNullification #democracy
