A U.S. judge has refused to immediately block President Donald Trump’s executive order tightening rules around mail-in voting.
But District of Columbia Judge Carl Nichols left open the possibility that Democrats could challenge the bill again as the administration moves to implement it.
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Nichols, an appointee of President Trump, ruled Thursday against requests by Democrats and civil rights groups to halt the executive order. Challengers argued that the measure was likely unconstitutional because the power to set election rules rests with the states and Congress, not the president.
But in his ruling, Nichols agreed with the Trump administration’s argument that the lawsuit is premature because the order has not yet been enforced.
He added that the administration is still developing the necessary rules and procedures to enforce the measure and that the potential harms are too speculative for immediate court intervention.
The justices acknowledged that future actions by the federal agency could still face legal challenges, but concluded that the case was not yet ready for judicial review.
“The court recognizes that the Postal Service may eventually issue final regulations that directly affect plaintiffs and their constituents, or that the government may create state citizenship lists that exclude certain individuals on the basis of special deficiencies,” Nichols wrote.
“Of course, plaintiffs can renew their claims in the event of future litigation, but until then, plaintiffs cannot show that preliminary injunctive relief is warranted.”
The ruling comes as President Trump’s Republican Party faces a close race to maintain control of both chambers of Congress in November’s midterm elections.
President Trump’s executive order requires the Department of Homeland Security (DHS) to compile and submit a list of verified U.S. citizens eligible to vote in each state. It also requires the U.S. Postal Service (USPS) to only send mail-in ballots to voters on state-specific absentee and mail-in voting lists.
Voting rights groups have warned that the measure relies on an outdated or inaccurate federal citizenship database and could impose too much responsibility on the USPS, which does not directly administer elections.
Democrats challenge President Trump’s voting order
Voting by mail is expanding across the country in states that lean both Republican and Democratic.
The adoption of mail-in voting services has increased since the COVID-19 pandemic, when many U.S. voters quarantined to avoid spreading the virus, and remains a popular form of voting.
In the 2024 election, about one-third of all votes were cast by mail. Currently, eight states conduct elections almost entirely by mail and report some of the strongest election integrity metrics in the country.
However, there is little evidence to support President Trump’s efforts to cast mail-in voting as a system that perpetuates election fraud.
Democrats and civil rights groups argued that by issuing an executive order restricting mail-in voting, President Trump violated the U.S. Constitution, which gives states the power to determine the “time, place, and manner” of elections.
They also argue that only Congress can impose new federal restrictions on how elections are conducted.
Their lawsuit, filed in District Court in Washington, D.C., also raises questions about President Trump’s motives for issuing the executive order.
They warn that the changes so close to the November election could cause chaos and confusion.
The directive to use DHS and Social Security Administration data to create a “state citizenship list” could unfairly exclude legally registered voters because the database could contain errors or outdated information, according to the complaint.
Separately, a coalition of Democratic-led states filed a similar lawsuit in federal court in Boston, Massachusetts. Federal District Judge Indira Talwani, appointed by former President Barack Obama, is scheduled to hear arguments in the case on June 2.
Another executive order issued by President Trump last year required voters to prove their U.S. citizenship and prohibited states from counting mail-in ballots received after Election Day.
The order has already been blocked by three federal judges. The administration is appealing these decisions.
For years, Trump has repeatedly claimed, without evidence, that his 2020 election loss was the result of widespread voter fraud.
He has promised sweeping reforms to America’s voting system, raising concerns among critics that democratic rights will be curtailed.
