Trump administration handed mail-in voting setback by appeals court
President Donald Trump experienced a setback in his efforts to change mail-in voting policies for federal elections when a federal appeals court refused to lift an injunction that blocked key provisions of a March executive order. The 1st U.S. Circuit Court of Appeals in Boston upheld the injunction, which was initially issued by U.S. District Judge Indira Talwani,who ruled parts of the order unconstitutional following lawsuits from 23 Democratic states and the District of Columbia. The order, titled “Ensuring Citizenship Verification And Integrity in National Elections,” directed the Department of Homeland security to compile and transmit a list of eligible voters and required the Postal Service to verify ballots before delivery. It also tasked the Department of Justice with investigating and prosecuting officials who issued ballots to ineligible voters. The court rejected the administration’s argument that the lawsuit was premature and stated that Trump lacked authority to impose such requirements, with the Department of Justice indicating it may seek Supreme Court intervention. Trump has been vocal about election security concerns, advocating for legislation like the SAVE America Act, which proposes restricting mail-in ballots to specific scenarios.
President Donald Trump was handed a setback in his quest to alter mail-in voting policy in federal elections on Saturday by a federal appeals court.
The 1st U.S. Circuit Court of Appeals in Boston declined to lift an injunction blocking key provisions of a March executive order that sought to alter rules around mail-in ballots ahead of November’s midterm elections. U.S. District Judge Indira Talwani had ruled in late June that several parts of the order were unconstitutional after 23 Democratic states and the District of Columbia sued the Trump administration.
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Titled “Ensuring Citizenship Verification And Integrity in National Elections,” the order directed the Department of Homeland Security to “compile and transmit to the chief election official of each State a list of individuals” confirmed to be eligible to vote. It would require the Postal Service to verify whether a ballot should be processed and delivered to a specific address before sending it, based on that data.
The order also directed the Department of Justice to investigate and prosecute state and local election officials who issued ballots to ineligible voters. The department sent a letter earlier this month to all 50 states and the District of Columbia, saying election officials who knowingly allow ineligible voters to cast ballots may face criminal charges.
The department argued that the lawsuit was premature, since the agencies involved in the order had yet to finalize actions to implement the policies. The appeals court rejected that argument in a 2-1 decision.
Talwani, who was appointed by former President Barack Obama, said in her ruling that Trump had no authority to order DHS to compile such data. The department has said it may ask the U.S. Supreme Court to intervene in the case.
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Trump has repeatedly raised concerns about election integrity in recent weeks and months as November’s midterm elections approach, alleging that federal elections are not adequately secure.
He has made the SAVE America Act a key legislative priority throughout the summer, which would outlaw mail-in ballots except in cases of illness, disability, military service, or travel.
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