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U.S. District Judge Colleen Kollar-Kotelly in Washington ruled
that the Constitution's separation of powers, giving states and
to an extent Congress authority over setting election rules, are
at the heart of the case.
“Put simply, our Constitution does not allow the President to
impose unilateral changes to federal election procedures,” wrote
the judge, an appointee of former President Bill Clinton.
Specifically, Kollar-Kotelly permanently blocked two provisions
of the executive order that sought to impose
proof-of-citizenship rules.
Her decision said agencies will not be allowed to "assess
citizenship” before providing a federal voter registration form
to people enrolling in public assistance programs. It also said
the Secretary of Defense cannot require documentary proof of
citizenship when military personnel register to vote or request
ballots.
“Our democracy works best when all Americans can participate,
including members of our military and their families living
overseas. Today’s ruling removes a very real threat to the
freedom to vote for overseas military families and upholds the
separation of powers," said Danielle Lang, a voting rights
expert with the Campaign Legal Center, which is representing
plaintiffs in the case.
The White House said Trump's executive order was intended to
ensure “election security” and said Friday's ruling would not be
the last word.
“Ensuring only citizens vote in our elections is a commonsense
measure that everyone should be able to support,” said Abigail
Jackson, a White House spokeswoman. "This is not the final say
on the matter and the administration looks forward to ultimate
victory on the issue.”
The specter of noncitizens voting and tainting elections was a
central strategy for Trump and Republicans during the 2024
campaign, and congressional Republicans are continuing to push
proposals that would require proof of citizenship to register to
vote. Research, even among Republican state officials, has shown
voting by noncitizens is a rare problem.
Friday's ruling is among several setbacks for the president's
executive order, which has faced multiple lawsuits. In October,
Kollar-Kotelly blocked the administration from adding a
documentary proof of citizenship requirement to the federal
voter registration form. Separate lawsuits by Democratic state
attorneys general and by Oregon and Washington, which rely
heavily on mailed ballots, have blocked various portions of
Trump's order.
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