U.S. District Judge Colleen Kollar-Kotelly has partially blocked President Trump’s executive order aimed at overhauling U.S. elections. The ruling specifically halts two provisions of the order, including one that would have required documentary proof of U.S. citizenship for voter registration in federal elections.
Judge Kollar-Kotelly granted a preliminary injunction sought by several plaintiffs, including voting rights groups and the Democratic Party, stating they are likely to succeed in their legal challenge.
The blocked provisions include:
- Requiring the Election Assistance Commission (EAC) to add a “documentary proof of U.S. citizenship” requirement to the national voter registration form.
- Ordering federal voter registration agencies to “assess” citizenship before providing voter registration forms to individuals receiving public assistance.
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In her 120-page opinion, Judge Kollar-Kotelly, appointed by former President Bill Clinton, asserted that the president does not have the authority to regulate federal elections. She emphasized that this power resides with Congress and the states.
“Our Constitution entrusts Congress and the states—not the president—with the authority to regulate federal elections,” Kollar-Kotelly wrote.
The White House responded to the ruling, stating, “President Trump will keep fighting for election integrity, despite Democrat objections that reveal their disdain for commonsense safeguards like verifying citizenship.
Free and fair elections are the bedrock of our Constitutional Republic, and we’re confident in securing an ultimate victory in the courtroom.”
The executive order, issued last month, followed President Trump’s repeated claims of widespread voter fraud in the 2020 election. The order stated that the U.S. “now fails to enforce basic and necessary election protections employed by modern, developed nations.”
The order also sought to:
- Give the Department of Government Efficiency and states access to databases for identifying noncitizen voters.
- Order the attorney general to enforce laws against states counting ballots received after Election Day.
- Order the EAC to condition federal funds on states adopting Election Day as the ballot receipt deadline.
While Judge Kollar-Kotelly blocked the two citizenship-related provisions, she declined to halt the implementation of the other sections of the executive order.
The Justice Department is expected to appeal the decision.
Judge Kollar-Kotelly determined that the president lacked the authority to direct the EAC to modify the federal voter registration form, citing that Congress has tightly regulated the form’s contents.
Regarding the requirement for agencies to “assess” citizenship for public assistance recipients, she stated to CBS News that the National Voter Registration Act (NVRA) only mandates that these agencies provide the form, with applicants self-certifying their citizenship under penalty of perjury.
The American Civil Liberties Union (ACLU), representing the League of Women Voters, stated that the decision “provides protections for eligible voters, many of which do not have easy access to a passport or other citizenship documents.”
They further asserted that the president’s actions were an “attempted takeover of federal elections” and a “blatant overreach.”
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