A federal appeals court has refused to allow the Trump administration to enforce key provisions of an executive order that would have tightened mail-in voting rules in 23 states. The 2-1 decision by the 1st U.S. Circuit Court of Appeals denied the Department of Justice's request to pause a lower court's ruling that blocked several parts of the March executive order while the administration appeals.
The Justice Department had previously indicated it could seek emergency relief from the Supreme Court if it did not prevail in the appeals court. The administration argued that the lawsuit challenging the order was premature, as federal agencies had not yet finalized the policies needed for its implementation. However, the appeals court found that the plaintiff states were facing imminent election deadlines and had already begun preparations for potential changes.
"As the district court reasoned, the (executive order) lays out a clear set of rapidly approaching deadlines by which states must coordinate with federal officials and comply with new voting procedures," the majority opinion stated. "The Plaintiff States have no practical choice but to respond to the (order) now."
President Donald Trump signed Executive Order 14399 in March as part of his administration's election integrity agenda. The order directed the Department of Homeland Security to compile lists of U.S. citizens eligible to vote and share them with states. It also instructed the U.S. Postal Service to establish new standards for mail-in ballots and directed the Justice Department to prioritize investigations into election officials who issue federal ballots to ineligible individuals.
The lawsuit was initiated by 23 states and the District of Columbia, with California, Massachusetts, Nevada, and Washington leading the effort. These states contended that the Constitution grants them primary authority over administering federal elections and that the president overstepped his authority by directing federal agencies to impose new voting requirements.
U.S. District Judge Indira Talwani had agreed with the states in June, ruling that several provisions of the executive order likely exceeded the president's authority and blocking federal agencies from implementing them in the plaintiff states through the Nov. 3 federal elections. Saturday's ruling does not resolve the underlying legal challenge but keeps Talwani's injunction in place as the appeal proceeds. The White House and the Justice Department did not immediately respond to requests for comment.