Federal Panel Declines to Block Trump’s Mail Voting Restrictions

A federal appellate panel recently declined to halt President Donald Trump’s executive order aimed at limiting mail voting. The decision follows the administration’s request for the U.S. Supreme Court to review the order in a separate case.

The three-judge panel of the U.S. Court of Appeals for the District of Columbia maintained a May ruling by U.S. District Court Judge Carl J. Nichols. Nichols determined that seeking an injunction against the order was premature, as formal regulations from the Trump administration had not yet been issued. These regulations began appearing shortly thereafter.

The circuit court panel, including two judges appointed by former Democratic President Barack Obama and one appointed by Trump, agreed with the earlier ruling. However, the decision was unsigned and noted the potential for court intervention if the administration attempted significant changes before the upcoming midterm election.

The ruling stated, “The action the Order contemplates would involve the President, whom the Constitution vests with no express authority over the conduct of elections, undertaking a substantial and unfunded overhaul of election procedures. This includes the implementation of a nationwide reform to Postal Service mail-handling processes on the threshold of the November election.”

In a related case, a federal judge in Massachusetts halted the executive order for the current year’s elections. This decision was supported by a Boston-based appeals court and later appealed to the U.S. Supreme Court by the Trump administration.

The Postal Service has yet to respond regarding actions related to Trump’s executive order. Meanwhile, the union representing postal workers, who oppose the order, mentioned that preparations are under way to create an online portal for voter information submission. American Postal Workers Union President Jonathan Smith noted the ongoing efforts to set up the portal.

Since taking office for the second time, Trump has tried to alter voting procedures through unilateral means, only to face court rejections. These efforts follow persistent false claims about voter fraud after Trump’s defeat to Democrat Joe Biden in 2020.

Trump’s March executive order instructed the federal government to compile a list of eligible voters and have the U.S. Postal Service deliver ballots to those on the list only. Legal challenges highlighted the constitutional delegation of election control to states and that Congress could, though has yet to, enact changes for federal elections.

Additionally, Trump signed an executive order last year imposing nationwide voter ID requirements and demanded evidence of U.S. citizenship for voter registration. He continues to push Congress for a comprehensive voting bill mandating documentary proof of citizenship. This proposal remains stalled in the Senate due to Democratic opposition and resistance from some members of his own party.

Associated Press writer John Hanna in Topeka, Kansas, contributed to this report.