Federal Judge Rejects Democrats’ Bid To Block Trump’s Mail-In Voting Plan

Congressional Democrats have been denied a preliminary injunction to block the Trump administration’s plan to limit mail-in voting, although the suit is likely to be revived at a later date.A federal judge, early Thursday, said the plaintiffs “cannot establish that they would suffer harm that is both imminent and irreparable” from a policy that has yet to be formulated.The lawsuit stemmed from a March 31 executive order in which President Trump directed the United States Postal Service to block the delivery of mail-in ballots to anyone not on a Department of Homeland Security approved list. That list, to be coordinated with the Social Security Administration, would comprise individuals in each state who are “confirmed to be United States citizens[,] who will be above the age of 18 at the time of an upcoming Federal election[,] and who maintain a residence in the subject State.”Democrats claimed the data used to create the list could be flawed or outdated. They said Mr. Trump was trying to ban mail-in voting, calling it his “favorite scapegoat for his 2020 electoral defeat.” They argued that the Constitution gives most election authority to the states, including the determination of rules and regulations for how to vote.The proposed list under Mr. Trump’s order would be transmitted to each state but a judge in the United States District Court for the District of Columbia, Carl Nichols, said the order did not mandate any action by a state once it receives a list that has not yet been created.The executive order required the postal service to issue a notice of proposed rulemaking within 60 days and issue a final rule within 120 days after that. Judge Nichols noted that the postal service has yet to even issue a notice of proposed rulemaking.“The Court recognizes that the Postal Service may ultimately issue a final rule that directly affects Plaintiffs or their members, or that the Government may develop State Citizenship Lists that omit specific individuals due to particularized flaws,” Judge Nichols wrote. “Plaintiffs may, of course, renew their motions if and when those future actions occur. Until then, however, Plaintiffs cannot show that preliminary injunctive relief is warranted.”A group of Democratic-controlled states have a similar lawsuit pending in federal court at Boston. Arguments in that case are scheduled for next week.Mr. Trump has been trying for months to get Congress to ban mail-in voting except in select circumstances, including if a servicemember is deployed overseas or if someone is suffering from a severe medical affliction. That appears to have no shot of passing.Mr. Trump has also pushed for the passage of a voter ID bill called the SAVE America Act. The measure passed the House but remains bogged down in the Senate.Any rules that affect voting rules could have implications for the midterm elections, with Democrats hoping to take control in one or both houses of Congress.

Federal Judge Rejects Democrats’ Bid To Block Trump’s Mail-In Voting Plan

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