The Atlanta Journal Constitution reports a federal judge on Friday blocked federal agencies from requesting citizenship status when distributing voter registration forms. The decision amounts to the latest derailment of President Donald Trump’s far-reaching executive order seeking to change the face of voting in national elections.
U.S. District Judge Colleen Kollar-Kotelly (an appointee of former President Bill Clinton) ruled that the Constitution's separation of powers give states authority over setting election rules, with some input from Congress — not the White House.
“… [O]ur Constitution does not allow the President to impose unilateral changes to federal election procedures,” wrote the judge, who permanently blocked two provisions of Trump’s executive order seeking to demand new voting requirements above those already set by states.
Her decision means agencies are not allowed to "assess citizenship” before providing a federal voter registration form to people enrolling in public assistance programs. She also mandated that the Secretary of Defense cannot require documentary proof of citizenship when military personnel register to vote or request ballots.
The White House sought to impose new rules in the name of “election security,” but voting rights advocates argue the rules were one more onerous requirement standing in the way of U.S. citizens exercising their Constitutional right to vote without harassment.
“Our democracy works best when all Americans can participate, including members of our military and their families living overseas,” said Danielle Lang, a voting rights expert with the Campaign Legal Center, which is representing plaintiffs in the case. “Today’s ruling removes a very real threat to the freedom to vote for overseas military families and upholds the separation of powers.”
White House spokeswoman Abigail Jackson claimed the judge's decision makes it easier for noncitizens to vote, despite research, “even among Republican state officials, has shown voting by noncitizens is a rare problem,” reports the Associated Press.
Jackson vowed the Friday decision is “not the final say on the matter” and that the administration “looks forward to ultimate victory on the issue.” However, the same executive order faces challenges on multiple fronts.
“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.
