A Massachusetts federal judge has temporarily blocked the Trump administration from enforcing several provisions of an executive order aimed at strengthening election integrity by mandating proof of citizenship for federal election voter registration. The decision, delivered by U.S. District Judge Denise Casper, represents a significant legal setback for measures introduced to prevent illegal voting and bolster election security.
The executive order, issued by President Trump in March, directed the Election Assistance Commission (EAC) to implement new rules requiring documentary proof of citizenship on federal voter registration forms. It also obliged states to verify and document citizenship credentials presented by voters and imposed stricter absentee ballot requirements for military and overseas voters. Furthermore, the order instituted new procedures for federal voter registration agencies to check citizenship before distributing voter forms to individuals enrolled in public assistance programs.
Judge Casper's ruling came in response to a lawsuit brought forward by attorneys general from 19 states, who argued that the executive order overreaches presidential authority and contradicts existing federal laws. In her written opinion, Casper emphasized the uncontested requirement of U.S. citizenship for voting in federal elections but questioned the president's power to mandate documentary proof without congressional mandate. She highlighted that changes to voter registration forms necessitate formal rulemaking procedures, including public notice, comment, and consultation with states – steps overlooked by the executive order.
The judge's injunction prevents the administration from enforcing directives that would require the Department of Defense to update absentee voting applications to include citizenship documentation and that federal voter registration agencies verify citizenship before issuing forms. Casper's ruling also stops the attorney general from acting against states that count late-arriving mail ballots.
In her analysis, Judge Casper pointed out that the mandates in question could introduce excessive burdens on states, potentially suppressing voter registration and turnout, which stands in opposition to congressional goals of facilitating voter participation. The legal challenge underscores the persistent conflict between securing elections and ensuring accessible voter rights.
The background of the executive order is set against claims of widespread fraud in the 2020 election, allegations that have not been substantiated by election officials. The U.S. Constitution delineates Congress's power to regulate federal elections, while state legislatures determine the specifics of election administration. Existing laws like the National Voter Registration Act and the Help America Vote Act build the framework for voter registration without the requirement of documentary proof of citizenship.
It is currently a legal offense for noncitizens to vote in federal or state elections, with violators facing penalties including fines, imprisonment, and deportation. This ruling arrives at a time of heightened scrutiny over election processes and the balance between security and accessibility.
