Federal judge refuses to block Trump order to create federal voter list and limit mail voting

A federal judge has declined to halt President Donald Trump’s executive order creating a federal voter list and limiting mail voting, clearing the way for potential sweeping changes in how American elections are run shortly before this year’s midterm elections.

U.S. District Judge Carl Nichols, a Trump appointee in Washington, late Wednesday rejected the request by Democrats and civil rights groups that had argued Trump’s order would likely be found unconstitutional because the states and Congress, not the president, have the power to set election rules. Nichols agreed with the Republican Trump administration’s contention that it was too early to block the order because it has yet to be implemented.

“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,” 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.”

The legal battle against the provision now shifts to Boston, where voting rights groups have a separate lawsuit seeking to temporarily block the executive order in federal court. The Trump administration has yet to formally issue lists of eligible voters, and those who filed the initial request for a temporary halt said they’d be back if the administration moves in that direction.