A federal appeals court has declined to allow the Donald Trump administration to implement an executive order designed to tighten rules for mail-in voting in 23 states. The order was intended to be in effect before the November elections that will determine control of Congress.
The Boston-based first US circuit court of appeals rejected the administration's request to lift an injunction. This injunction was secured on 25 June by several Democratic-led states from a lower-court judge, who found key parts of the Republican president's order to be unconstitutional.
The Department of Justice had argued that any lawsuit challenging the order was premature, as government agencies had not yet finalised actions to implement the directive. However, the appeals court rejected this argument in a 2-1 ruling.
The executive order, signed in March, directed the Department of Homeland Security to compile and transmit lists of confirmed US citizens eligible to vote to states. It also required the US Postal Service to deliver ballots only to voters on each state's approved mail-in ballot list. The order further directed the Department of Justice to prioritise investigations and prosecutions of election officials who issue federal ballots to individuals deemed ineligible to vote.
US District Judge Indira Talwani, in siding with a coalition of 23 states and the District of Columbia, stated that the president lacked authority to direct DHS to compile voter eligibility lists and that USPS had no statutory authorisation to adopt binding regulations on mail-in voting. The judge also said Trump could not attempt to intimidate local election officials through his order.