A federal judge has blocked President Donald Trump’s executive order restricting mail voting, at least temporarily hobbling one of several attempts to limit mail-in ballots in the midterm elections in November.
U.S. District Judge Indira Talwani ruled Thursday that Trump’s order to create a federal voter list and direct the U.S. Postal Service to send mail-in ballots only to those on the list violates the separation of powers. Plaintiffs argued that the president has no constitutional standing to set election rules, and that it violated the authority of the states and Congress.
“The Constitution does not grant the President any specific powers over elections,” wrote Talwani, an Obama appointee.
Earlier this month, the USPS proposed a new rule in line with Trump’s executive order, calling on states to put together lists of mail voters that the agency would cross-reference before sending out ballots. Postmaster General David Steiner said at a Senate hearing Wednesday that if the rule is approved, the agency would not deliver ballots to voters in states that do not comply.
Critics said the executive order would give the Postal Service undue authority to administer elections.
The Thursday ruling is the second defeat in as many days for the president in his efforts to direct the federal government to take control of elections. On Wednesday, a federal judge ruled against another Trump executive order, signed last year, to require proof of citizenship during voter registration.
The administration is likely to appeal both rulings.
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