Federal Judge Allows Trump Mail-In Voting Order to Stand

U.S. citizens and limit delivery of mail-in ballots. U.S. Postal Service had not issued new rules. The 26-page decision leaves the March 31 order in effect while the case proceeds.

Trump signed the order on March 31.

It instructs the Department of Homeland Security and Social Security Administration to compile lists of adult citizens in each state and transmit them to state election officials. Trump stated at the signing that the measures were needed to stop illegal voting by noncitizens.

Democrats, including Senate Minority Leader Chuck Schumer, filed suit arguing that the order exceeds presidential authority and infringes on state control of elections.

Nichols wrote that the order itself does not mandate any state action and that no infrastructure for the lists exists yet. He noted plaintiffs could renew their request for an injunction once agencies take concrete steps. "Plaintiffs may, of course, renew their motions if and when those future actions occur," Nichols stated.

U.S. District Judge Indira Talwani in Boston, with arguments scheduled for Tuesday. Opponents in that case include nearly two dozen states and voting rights groups. The Postal Service has not yet begun the rulemaking process referenced in the order.

Spokespeople for the agency did not respond to requests for comment on Thursday.