Judge Blocks Trump From Requiring Proof of Citizenship on Federal Voting Form
"Trump’s attempt to impose a documentary proof of citizenship requirement on the federal voter registration form is an unconstitutional power grab," said one plaintiff in the case.
A federal judge on Friday permanently blocked part of President Donald Trump's executive order requiring proof of US citizenship on federal voter registration forms, a ruling hailed by one plaintiff in the case as "a clear victory for our democracy."
Siding with Democratic and civil liberties groups that sued the administration over Trump's March edict mandating a US passport, REAL ID-compliant document, military identification, or similar proof in order to register to vote in federal elections, Senior US District Judge for the District of Columbia Colleen Kollar-Kotelly found the directive to be an unconstitutional violation of the separation of powers.
“Because our Constitution assigns responsibility for election regulation to the states and to Congress, this court holds that the president lacks the authority to direct such changes," Kollar-Kotelly, an appointee of former President Bill Clinton, wrote in her 81-page ruling.
"The Constitution addresses two types of power over federal elections: First, the power to determine who is qualified to vote, and second, the power to regulate federal election procedures," she continued. "In both spheres, the Constitution vests authority first in the states. In matters of election procedures, the Constitution assigns Congress the power to preempt State regulations."
"By contrast," Kollar-Kotelly added, "the Constitution assigns no direct role to the president in either domain."
This is the second time Kollar-Kotelly has ruled against Trump's proof-of-citizenship order. In April, she issued a temporary injunction blocking key portions of the directive.
"The president doesn't have the authority to change election procedures just because he wants to."
"The court upheld what we've long known: The president doesn't have the authority to change election procedures just because he wants to," the ACLU said on social media.
Sophia Lin Lakin of the ACLU, a plaintiff in the case, welcomed the decision as “a clear victory for our democracy."
"President Trump’s attempt to impose a documentary proof of citizenship requirement on the federal voter registration form is an unconstitutional power grab," she added.
Campaign Legal Center president Trevor Potter said in a statement: "This federal court ruling reaffirms that no president has the authority to control our election systems and processes. The Constitution gives the states and Congress—not the president—the responsibility and authority to regulate our elections."
"We are glad that this core principle of separation of powers has been upheld and celebrate this decision, which will ensure that the president cannot singlehandedly impose barriers on voter registration that would prevent millions of Americans from making their voices heard in our elections," Potter added.