A federal courtroom in Boston is set to receive arguments on Tuesday from a coalition of Democratic-led state governments and voting rights groups seeking to keep in force a court order that would block President Donald Trump's executive action aimed at tightening mail-in voting procedures.
The litigation will be heard by U.S. District Judge Indira Talawni, who will consider two consolidated lawsuits challenging the March 31 executive order. The plaintiffs contend the order exceeds federal authority over elections and improperly directs federal agencies to intrude on processes that the Constitution assigns to the states.
The executive order instructs the administration to assemble a roster of confirmed U.S. citizens eligible to vote in each state and to employ federal data to assist state election officials in verifying voter eligibility. In addition, it directs the U.S. Postal Service to limit delivery of ballots to individuals whose names appear on each state's approved mail-in ballot list.
In response to the directive, the Postal Service on Friday proposed new rules designed to implement the order. The proposed rules would require states to provide the names and barcodes associated with their mail-in ballots for federal elections. The executive action would also obligate states to preserve election-related records for a period of five years.
State attorneys general and other plaintiffs argue in court filings that the order violates the U.S. Constitution and unlawfully interferes with mail-in voting by instructing USPS to block delivery of ballots based on criteria outside state control. Their complaint warns that allowing the order to remain effective would compel states to rapidly change election procedures before the November midterm elections, creating chaos and likely disenfranchising eligible voters.
Judge Talawni, who was appointed by President Barack Obama, has overseen several challenges to executive actions from the Trump administration and has frequently ruled in favor of plaintiffs contesting administration policies. She will take up the case after a related bid to enjoin the order in Washington, D.C., was rejected last week.
In that separate matter, U.S. District Judge Carl Nichols, a Trump appointee based in Washington, declined on Thursday to issue a preliminary injunction in a lawsuit brought by the Democratic Party. Judge Nichols concluded the request was premature because the executive order had not yet been implemented.
The Boston hearing will determine whether a court will halt implementation of the order while litigation proceeds, or allow the administration and USPS efforts to move forward as they begin to take effect.
Sectors affected: election administration, postal services, and state governments responsible for conducting federal elections.