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U.S. appeals court upholds injunction that blocks Trump’s order to create a federal voter list

Gloved hands hold ballots at a processing center
Election workers sort mail-in ballots in California’s primary election at San Francisco City Hall last month.
(Jeff Chiu / Associated Press)
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  • The 1st Circuit ruling keeps in place a Boston judge’s order halting voting restrictions for 23 states and D.C., which sued, ahead of November’s midterm elections.
  • State election officials and Democratic leaders argued that the executive order was unconstitutional and risked sowing chaos, saying only states and Congress can set the rules for federal elections.

A federal appeals court has upheld a ruling that halted President Trump’s executive order in nearly half of the states to create a federal list of eligible voters and limit delivery of mail ballots only to people on that list.

The ruling Saturday by judges of the 1st U.S. Circuit Court of Appeals rejected the Trump administration’s effort to move forward with the mail-in voting restrictions in 23 U.S. states that sued ahead of November’s midterm elections.

Trump issued an executive order in March for the director of U.S. Citizenship and Immigration Services and the commissioner of the Social Security Administration to create a “state citizenship list” of eligible voters. It also ordered the U.S. Postal Service to deliver mail ballots only to people on that list.

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Trump has claimed the proposed changes are necessary safeguards to keep non-U.S. citizens from voting, but state election officials argued they were ripe for abuse and could cause chaos.

Democratic officials in 23 states and the District of Columbia challenged Trump’s order in a lawsuit filed in U.S. District Court in Boston. They argued that Trump’s order was unconstitutional because the states and Congress, not the president, have the authority to set election rules.

U.S. District Court Judge Indira Talwani agreed and halted Trump’s order from being implemented for the Nov. 3 elections, but only in the states that have sued.

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Trump’s executive order is part of his ongoing campaign to restrict voting access and raise doubts about the integrity of the election system before the November midterms.

The White House and the Justice Department did not immediately return an email seeking comment Sunday about the court ruling.

Bynum writes for the Associated Press.

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