In a significant judicial decision on Friday, U.S. District Judge Colleen Kollar-Kotelly nullified President Donald Trump's executive order that aimed to make documentary proof of citizenship a requirement for federal voter registration. This ruling represents a considerable legal hurdle for the Trump administration, which has been actively seeking ways to fortify election security.
The now-struck-down order, known as “Preserving and Protecting the Integrity of American Elections,” was intended to strengthen the verification process for voter eligibility and citizenship. It directed federal agencies such as the Department of Homeland Security, Social Security Administration, and Department of State to assist states by granting access to federal databases. Moreover, it mandated that agencies under the National Voter Registration Act verify citizenship before issuing federal voter registration forms to public assistance beneficiaries.
However, Judge Kollar-Kotelly, appointed by former President Bill Clinton, sided with various groups that challenged the order, branding it unconstitutional. In her ruling, she stated that the order overstepped presidential authority, encroaching on the legislative domain constitutionally assigned to the States and to Congress.
"The President lacks the authority to direct such changes," Judge Kollar-Kotelly wrote, emphasizing that the Constitution does not grant the president a direct role in setting voter qualifications or regulating federal election procedures. This decision is in line with a preliminary injunction she issued in April against similar voter ID provisions. It points out that since Congress is currently debating relevant legislation, the executive branch cannot sidestep the legislative process.
This court case unfolds against the backdrop of a contentious political climate surrounding voter identification laws and citizenship verification. Public polling, including a Gallup survey before the 2024 election, has indicated broad support for such measures. The survey showed that 84 percent of U.S. adults favored voter ID requirements, with 83 percent supporting proof-of-citizenship for first-time registrants.
Election integrity has been a cornerstone of President Trump’s policy agenda. In a conversation with Breitbart News in August, the President expressed his views on the current electoral system and emphasized his concerns about the security risks of mail-in ballots.
The ruling by Judge Kollar-Kotelly is a setback for President Trump, who has been vocal about his stance on election fraud and the need for stricter voting regulations. With the court's decision, voter registration processes are set to continue under the jurisdiction of the states and existing federal law, rather than under a new presidential directive.
Judge Kollar-Kotelly's decision thus reaffirms the constitutional boundaries of executive power concerning election-related matters, and poses legal challenges for the Trump administration's agenda to implement overarching voter verification rules.
