Federal Judge Permanently Blocks Most Provisions of Election Executive Order

A federal judge in Boston issued a permanent injunction Wednesday barring the administration from carrying out most provisions of an executive order on elections. The order had required documentary proof of citizenship for voter registration, directed that mail ballots arriving after Election Day not be counted even if postmarked earlier, and authorized withholding federal funds from noncompliant states.

District Court Judge Denise Casper rejected the administration's argument that the lawsuit filed by Democratic state attorneys general was premature. Casper ruled that the Constitution assigns election regulation to states and Congress and that the order violated separation of powers.

"The Constitution does not grant the President any specific powers over elections," Casper wrote. The decision converts a preliminary injunction Casper issued a year earlier into a permanent prohibition.

Attorney General Letitia James said she was grateful the court had blocked the administration's "unconstitutional attempt to seize control of our elections" and would continue to defend voting rights in this year's midterm elections. The administration has since issued a second executive order seeking a national voter list and further limits on mail balloting.

The SAVE America Act, which would enact a citizenship-proof requirement by statute, passed the House but remains stalled in the Senate. Separate federal judges have already blocked the citizenship requirement on the federal registration form and for military voters.