Federal judge halts Trump’s election executive order seeking to create a federal voter list

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BOSTON (AP) — A federal judge on Thursday halted President Donald Trump’s executive order that sought to create a federal voter list and limit who can receive a mail ballot.

U.S. District Court Judge Indira Talwani, who was nominated by Democratic President Barack Obama, sided with a coalition of nearly two dozen states that challenged the Republican president's order in granting a summary judgment. Her ruling applies to this year's midterm election cycle.

Plaintiffs argued in two lawsuits, both filed in federal court in Boston, that Trump’s order should be found unconstitutional because the states and Congress, not the president, have the power to set election rules. The judge agreed, saying in her ruling that the provisions of Trump's order seeking to create a federal list of eligible voters and using the U.S. Postal Service to determine who can receive a mail ballot are “legally void” because they "unconstitutionally violate the separation of powers.”

It was the second ruling in as many days against executive orders Trump has signed seeking oversight of the nation's elections. A separate ruling Wednesday prohibited an executive order he had signed last year that would have required people to show documents proving their citizenship when registering to vote.

Arizona Attorney General Kris Mayes, whose state was among the plaintiffs, celebrated the court’s decision.

“Millions of independents, Republicans and Democrats across Arizona have voted by mail for decades,” she said in a statement, noting that nearly 80% of ballots in the state are cast by that method.

Mayes, a Democrat, singled out military families, voters in the state’s rural expanses and Native Americans who cast ballots from tribal lands.

“Donald Trump’s executive order targeted all of these voters,” she said. “But today, the courts affirmed what the Constitution makes clear: States run their elections, not the President.”

The White House stood by Trump's executive order and indicated the administration would appeal the ruling. The order, said spokeswoman Abigail Jackson, “lawfully protects our elections, and we are confident that we will ultimately prevail in its implementation.”

The administration, in its motions to dismiss the lawsuits challenging the order, argued that the motions were premature and that plaintiffs lacked the legal basis to bring their claim based on the Administrative Procedure Act, which governs how federal agencies develop and issue regulations.

But in an interim order before Thursday's ruling, Talwani said the motions pertaining to this year’s election cycle were relevant: “In light of the EO’s specific deadlines over the next three months, and the reality that elections will be occurring throughout this period with the November 3, 2026 midterm occurring in just five months, postponing judicial review is impracticable and may inflict significant hardship on Plaintiffs,” she wrote. That order denied the Trump administration's motion to dismiss the challenges.

Trump’s executive order, the second one aimed at elections during his second term, comes as he continues to raise the specter of widespread voting by noncitizens as a reason to change election rules. But states already have detailed processes aimed at keeping their voter rolls accurate, and voting by noncitizens has been shown to be rare. It also is a felony that can be punishable by deportation.

Trump issued his second order in March after a bill he supported to overhaul voting stalled in Congress. The order would have had the federal government — through the director of U.S. Citizenship and Immigration Services and the commissioner of the Social Security Administration — create a “state citizenship list” of eligible voters. It then directed the U.S. Postal Service to deliver mail ballots only to those on the list.

Election officials argued that it was ripe for abuse and could cause chaos.

The Postal Service has published a proposed rule required by Trump’s executive order in the Federal Register. Among other things, the rule would not apply to primary elections or overseas ballots.

Postal Service workers have pushed back against the order, saying they are not equipped to determine who is eligible to vote in each state. After Trump issued his order last spring, the National Rural Letter Carriers’ Association said forcing its members into such a role “risks politicizing one of the nation’s most trusted public institutions.”

Maine Secretary of State Shenna Bellows, a Democrat whose state was among the plaintiffs, said the executive order illustrated how Trump was attempting to “abuse power in previously unthinkable ways” to interfere in elections.

She said it “strains credulity” to think the U.S. Postal Service could set up a workable system for pre-screening individual voters to determine whether they would be allowed to vote by mail, adding that it would be “a shocking violation of American constitutional rights.”

The Postal Service did not immediately respond Thursday to requests for comment.