Trump Administration Unable to Implement Citizenship Test Requirement to Vote

On Wednesday, a federal judge permanently barred President Donald Trump's administration from implementing most of his first executive order on elections; one part of that order sought to require individuals to provide documentary proof of citizenship when registering to vote. District Judge Denise Casper's ruling in Boston effectively turns a preliminary injunction she issued a year ago into a permanent ban, which temporarily blocked many of Trump's attempts to reform the electoral system. Casper rejected the government's argument that the lawsuit filed by Democratic state attorneys general to block the changes was premature, given that the rules had not yet been implemented. Instead, she agreed that the Constitution grants states and Congress the authority to regulate elections, and that Trump's requirements violated the separation of powers. The Constitution 'does not grant the president specific powers over elections,' she wrote. Among other proposed changes, Trump's order would have required individuals to present documentary proof of citizenship when registering to vote, would have prevented the counting of mail-in ballots that arrived after Election Day—even if postmarked earlier—and would have penalized states that did not comply by withholding certain federal funds. In a statement, New York Attorney General Letitia James expressed gratitude that the court blocked Trump's 'unconstitutional attempt to take control of our elections' and stated she would continue to defend the right to vote in this year's midterm elections. 'Generations of Americans have fought tirelessly for the right to vote, and we honor their legacy by protecting that right against anyone who seeks to undermine it,' she declared. Requests for comments sent to the White House and the Department of Justice did not receive an immediate response. This decision is the latest in a series of rulings against the executive order on elections that Trump signed just months after taking office for his second term. Since then, he has signed another electoral executive order aimed at creating a national voter registry and limiting mail-in voting. That directive also faces multiple legal challenges. Last fall, a federal judge in Washington D.C., overseeing a separate challenge to the first electoral executive order—filed by civil rights groups and organizations affiliated with the Democratic Party—prevented the government from taking steps to include the citizenship proof requirement on the federal voter registration form. Later, that judge prohibited the Secretary of Defense from requiring documentary proof of citizenship when military personnel register to vote or request ballots. In an apparent acknowledgment of the difficulty of implementing the citizenship proof requirement through an executive order, Trump is pushing for a law in Congress—controlled by Republicans—to establish such a mandate. The SAVE America Act has been passed by the House of Representatives but is stalled in the Senate, prompting Trump to advocate for eliminating the filibuster tactic that is blocking the legislation's progress. On Wednesday, he abruptly canceled a planned signing of a bipartisan housing bill, stating he would not enact any legislation until Congress approves his citizenship proof requirement for voting. In another significant voting-related case, the U.S. Supreme Court is expected to issue a ruling soon on whether mail-in ballots must arrive by Election Day. This could immediately change the rules in 14 states that allow grace periods—ranging from a few days to several weeks—as long as the ballots are postmarked on Election Day.