Judge partially blocks proof of citizenship voting rule

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A federal judge on Thursday halted a key provision of President Donald Trump’s executive order aimed at tightening election security, siding with Democratic-aligned groups who argued the measure would unlawfully suppress voters.

U.S. District Judge Colleen Kollar-Kotelly, a Clinton appointee, issued a preliminary injunction blocking the administration from enforcing a new requirement for voters to provide proof of U.S. citizenship to register to vote in federal elections. The ruling comes as part of an ongoing lawsuit brought by the Democratic National Committee and several liberal voting rights organizations.

Whitney Cooper casts her ballot on Election Day, Tuesday, Nov. 5, 2024, in Canton, North Carolina. (AP Photo/George Walker IV)

“Our Constitution entrusts Congress and the States—not the President—with the authority to regulate federal elections. … No statutory delegation of authority to the Executive Branch permits the President to short-circuit Congress’s deliberative process by executive order,” Kollar-Kotelly wrote.

Plaintiffs argue the March order would “uproot our tried-and-tested election systems and silence potentially millions of Americans,” citing burdens on lawful voters who may lack the required documentation.

Trump’s order, part of a broader effort to root out voter fraud, emphasizes the federal government’s duty to protect election integrity. “States must safeguard American elections in compliance with Federal laws,” the order states, citing the need to stop noncitizen voting and enforce deadlines like the Election Day ballot cutoff.

But the judge did not side entirely with the plaintiffs. She declined to block three other provisions of the order, citing timing and jurisdictional issues. For now, a provision remains active for the Department of Government Efficiency Service and state officials to access Department of Homeland Security and State Department databases to flag potential noncitizen voters.

A directive also remains in effect that allows Attorney General Pam Bondi to penalize states that count ballots received after Election Day, and a clause threatening to withhold federal election grants from noncompliant states still stands.

She also froze another section of the order requiring public assistance recipients to verify their citizenship before receiving a voter registration form while also declining to block the provision that tightens deadlines for mail-in ballots.

Critics of the order say election oversight is largely reserved for the states, and any sweeping changes must come from Congress, not the White House.

The ruling marks another legal roadblock for Trump’s agenda. Since returning to office, courts have blocked or delayed over 100 of his executive actions, including on immigration, federal workforce cuts, and birthright citizenship.

TRUMP ORDERS CITIZENS PROVIDE PROOF OF CITIZENSHIP TO VOTE IN FEDERAL ELECTIONS

A spokesperson for the Justice Department said the administration plans to keep fighting to protect voter integrity.

“This Department of Justice will continue to fight in court to defend President Trump’s agenda,” the spokesperson said.

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