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WASHINGTON (CN) — A federal judge on Thursday denied a Democrat effort to block President Donald Trump’s executive order seeking to reshape the nation’s election system by creating a national list of eligible voters and limiting mail-in voting.
U.S. District Judge Carl Nichols, a Trump appointee, denied a request by Democratic leaders in Congress and the Democratic National Committee for a preliminary injunction against the order, finding they failed to show any imminent or irreparable harm at this stage.
On March 31, Trump signed “Ensuring Citizenship Verification and Integrity in Federal Elections,” which would create lists of U.S. citizens eligible to vote in each state and instructs the U.S. Postal Service to send mail ballots only to verified voters.
The president has long railed against mail-in voting — despite using it himself to vote during the March 26 special election in Palm Beach County, Florida — calling it “mail-in cheating” and blaming the practice in part for his defeat in the 2020 presidential election.
Under the order, the Department of Homeland Security and the Social Security Administration must compile and transmit to each state a list of voters who are “confirmed to be U.S. citizens." The order also instructs the U.S. Postal Service to create a rule requiring voters to opt into a state’s mail-in voting list.
“Given that the executive order does not command plaintiffs to do anything, and that no agency has yet acted pursuant to the order in a way that could harm plaintiffs, they have not suffered any harm at present, much less harm that is ‘certain,’ ‘great’ and imminent,” Nichols wrote.
The president’s instructions to the agencies also require they do so consistently with governing statutes and other legal requirements, Nichols said, highlighting sections that request compliance with the Privacy Act. Therefore, any unlawful actions will stem from how the agencies decide to implement the order rather than from the order itself.
Top officials from the Democratic National Committee, Democratic Congressional Campaign Committee, Democratic Senate Campaign Committee and Democratic Governors Association slammed Nichols’ decision, but argued the case was not yet over.
“We are confident we will prevail in the end when this illegal and completely unworkable executive order is fully adjudicated,” the committee leadership said. “The court’s decision does not change the longstanding principle that the Executive branch cannot infringe on the rights of Americans to cast their ballots, including those who vote by mail, along with the authority of states to run their own elections.”
While they did not indicate whether they plan to appeal, the Democrats can continue toward summary judgment or potentially amend their complaint when the Postal Service finalizes its rule making.
Trump’s executive order came as the Senate was debating whether to pass the Safeguard American Eligibility Act, which would have enacted many of the same provisions had it passed. The legislation stalled in the Senate in April, leaving many of its extra provisions with the bill.
The SAVE Act would have also required new voters to appear in person at an election office with a valid U.S. passport, a certified birth certificate with a photo ID, a naturalization certificate or a Consular Report of Birth Abroad. Only five states currently issue enhanced driver’s licenses that meet the requirements.
The Democrats filed their suit on April 1, arguing the new documentation requirements would disenfranchise lawful voters who may not have the necessary documents or the ability to present them at an election office.
They further argued the “State Citizenship Lists” and the requirement they be shared with states within 60 days of every federal election are just as illegal as the administration’s previous efforts to create national citizenship registries to assist its mass deportation campaign.
“Democrats will continue to fight this and multiple other cynical attempts by Republicans to rig the midterms because they know they cannot win a free and fair election this year,” the Democrats said. “Despite Republicans’ worst efforts, we’re confident the American people will stand up and hold them accountable for their disastrous agenda in November.”
The White House did not respond to a request for comment.
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