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A judge in the United States has refused to immediately stop President Donald Trump from tightening laws on voting by mail.
But a judge – Carl Nichols of the District of Columbia – has left the possibility for Democrats to challenge it again as the administration prepares to implement it.
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Nichols, a Trump appointee, ruled Thursday against a petition by Democrats and civil rights groups seeking to halt the executive order. Critics said this would be unconstitutional because the power to enact election laws rests with the states and Congress, not the president.
In his decisionNichols, however, agreed with the Trump administration’s assertion that the case was premature because the law had not yet been implemented.
He added that the administration is still developing the rules and procedures that must be followed, making any harm too speculative for the court to intervene.
Although the judge acknowledged that future actions by the unions could face legal challenges, he concluded that the case was not ready for review.
“The Court recognizes that the Postal Service may issue a final order that would affect Plaintiffs or their members, or that the State may create a State Citizenship List that excludes certain individuals because of certain wrongdoings,” Nichols said.
Yes, the plaintiffs can repeat the claim if they take action in the future.
The decision comes as Trump’s Republican Party faces an uphill battle to retain control of both houses of Congress. mid-term elections in November.
Trump Executive Order calls to the Department of Homeland Security (DHS) to compile and send lists of US citizens certified as eligible to vote in each state. It also requires the United States Postal Service (USPS) to mail ballots only to voters who are on state-owned voting lists and mail-in ballots.
Voting rights groups have warned that the process could rely on outdated or inaccurate citizenship databases and put more responsibility on the USPS, which does not directly administer elections.
Mail-in voting has grown in the US, in both Republican-leaning and Democratic-leaning states.
The adoption of mail-in voting services has grown since the COVID-19 pandemic, when many US voters self-quarantined to prevent the spread of the virus, and it remains a popular method of voting.
In the 2024 election, about a third of all votes were cast by mail. Eight states currently hold elections by postal mail and provide some of the strongest electoral reporting in the country.
Trump, however, has sought to establish mail-in voting as a mechanism that facilitates election fraud, despite little evidence to support this.
By issuing a ban on mail-in voting, Democrats and civil rights groups said Trump had violated the US Constitution, which gives him the power to determine the “time, place and conduct” of elections.
They also say that only Congress can impose new federal restrictions on how elections are conducted.
Their case, which has been filed in the district courts in Washington, DC, has also raised questions about Trump’s motives in issuing the executive order.
Changes so close to the November election could cause confusion and confusion, he warns.
The law’s use of DHS and Social Security Administration data to create a “state citizen list” could also wrongly exclude legally registered people because those databases may contain errors or out-of-date information, according to the lawsuit.
Separately, a coalition of Democratic-led states has filed a similar complaint in federal court in Boston, Massachusetts. US District Judge Indira Talwani, appointed by former President Barack Obama, is scheduled to hear arguments in the case on June 2.
Another major piece of legislation passed by Trump last year required voters to prove their US citizenship and barred states from counting votes received after Election Day.
The law has already been blocked by three federal judges. The government is appealing the verdicts.
For years, Trump has repeatedly claimed, without evidence, that his defeat in the 2020 election was due to voter fraud.
He has promised sweeping changes to the US voting system, which has raised fears among critics that democratic rights could be curtailed.