Federal judge hears challenges to executive order on voter list and mail ballots

A federal judge in Boston heard arguments Tuesday from voting rights groups and attorneys for two dozen states that want the order blocked before it takes effect. The plaintiffs said the order exceeds presidential authority because election administration rests with states and Congress.

They also argued that compliance would impose new costs on state election offices and create uncertainty for voters and workers. Michael Cohen, representing California, told the court the change would alter how some states handle ballots and would be difficult to implement without disruption.

The American Civil Liberties Union, representing the League of Women Voters in a separate suit, said the order would shift the Postal Service from a neutral carrier to an entity deciding who receives mail ballots.

Administration response Lawyers for the administration asked the court to dismiss the cases, saying the plaintiffs lack standing and that any harms remain speculative because the voter list has not been finalized. They also said no prosecutions would result from the order.

Missouri Solicitor General Lou Capozzi, speaking for states that support the list, said it is too early to determine how the list would be used and that removals from voter rolls are unlikely this year. U.S. District Judge Indira Talwani took the motions under advisement.

She raised questions about whether a federal list could be ready for upcoming elections and whether differences between state and federal lists could create problems for election workers. The order was issued in March after legislation on voting changes did not advance in Congress.

The Postal Service has published a proposed rule in the Federal Register that would not apply to primary elections or overseas ballots.