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A federal appeals court on Saturday ruled against the Trump administration’s efforts to implement stricter mail-in voting rules before midterm elections in the coming months, with control of both the House and Senate up for grabs.
The 1st U.S. Circuit of Appeals declined to lift a lower-court injunction from June that ruled parts of President Trump’s order was unconstitutional after Democratic-led states, including California, Massachusetts and Washington, sued the administration.
The appeals court rejected the administration’s appeal in a 2-1 decision.
The Trump order directed the Department of Homeland Security (DHS) to put together a list of confirmed U.S. citizens eligible to vote in each state. The list would be made using sensitive citizenship data from federal databases. The order also directed the Department of Justice (DOJ) to investigate officials who mail ballots to people who are “not eligible” to vote.
Talwani, in her ruling, said Trump had no authority to have the DHS to compile this data and the USPS equally had no authority to follow these orders about mail-in voting. She added that Trump had no power “to intimidate local election officials to use the necessarily incomplete confirmed citizenship lists as a resource, lest they face criminal prosecution.”
Trump has remained critical of mail-in ballots and in his July primetime address on election integrity said there were “shocking vulnerabilities in our election infrastructure. This evidence shows that the election system we have dangerously exposes, and really exposes like levels never thought possible, the hacking, exploitation, and foreign interference.”
He also mentioned in the same speech that how long it took California to count mail-in ballots was “one example of insanity” caused by mail-in voting.
The Department of Justice (DOJ) has said that absent any ruling in its favor the administration may ask the U.S. Supreme Court to intervene.
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