A federal judge in the District of Massachusetts has issued a preliminary injunction against major provisions of President Donald J. Trump’s recent executive order on federal elections, siding with a coalition of 19 states that argued the order unlawfully usurped congressional authority and threatened to disenfranchise eligible voters.
The executive order, issued in March, directed the U.S. Election Assistance Commission (EAC) and the Secretary of Defense to require documentary proof of citizenship for federal voter registration, imposed new requirements on public assistance agencies, and sought to condition federal election funding on states’ compliance with a strict Election Day ballot receipt deadline. It also instructed the Attorney General to take action, including potential civil and criminal enforcement, against states that count ballots received after Election Day or allow voters to cure minor ballot defects after the election.
Judge Denise J. Casper granted the states’ motion for a preliminary injunction, finding they were likely to succeed on the merits of their claims that the executive order exceeded presidential authority and conflicted with both the U.S. Constitution and federal statutes governing elections.
The court found that neither the Constitution nor federal law gives the President the authority to require documentary proof of citizenship for federal voter registration. Congress, not the President, holds the power to set such requirements, and current statutes, the National Voter Registration Act (NVRA), the Uniform Overseas Citizens Absentee Voting Act (UOCAVA), and the Help America Vote Act (HAVA), do not mandate documentary proof. The EAC, an independent bipartisan agency, is required by law to consult with states and follow a notice-and-comment process before making changes to federal forms.
The order’s requirement that agencies assess citizenship before providing voter registration forms to enrollees in public assistance programs was also enjoined. The court held that the President cannot impose such a mandate on state agencies, as Congress has already specified procedures for voter registration in federal law.
The executive order’s directive for the Secretary of Defense to require documentary proof of citizenship from military and overseas voters was similarly blocked. The court noted that Congress designed the UOCAVA to remove procedural barriers for these voters, and requiring additional documentation would contradict congressional intent.
The judge enjoined enforcement actions against states that count ballots received after Election Day, finding that federal Election Day statutes do not prohibit states from counting such ballots if they were cast on time. The court also blocked the executive order’s attempt to condition federal election funding on compliance with a uniform ballot receipt deadline, ruling that only Congress can set such funding conditions.
Judge Casper emphasized that the Constitution’s Elections Clause gives Congress, not the President, authority over the “Times, Places, and Manner” of federal elections. The President’s role, she wrote, is to execute laws, not make them. The court found that the challenged provisions of the executive order would impose significant compliance costs on states, risk disenfranchising eligible voters.
The Department of Justice is expected to consider its options, including a possible appeal.
