U.S. District Judge Colleen Kollar-Kotelly has permanently enjoined two provisions of President Trump’s election executive order that would have required proof-of-citizenship checks before issuing federal voter registration forms to public assistance applicants and military personnel. The judge ruled that the Constitution’s separation of powers prevents the President from unilaterally changing federal election procedures. Voting rights advocates said the ruling protects overseas military families, while the White House said it will continue to pursue the matter in court.
Judge Permanently Blocks Parts Of Trump Election Order That Would Have Required Proof Of Citizenship
FILE- Voting booths are set up at a polling place in Newtown, Pa, April 23, 2024. (AP Photo/Matt Rourke, File)(ASSOCIATED PRESS)
SACRAMENTO, Calif. (AP) — A federal judge on Friday permanently blocked two provisions of President Donald Trump’s election-related executive order that would have required proof-of-citizenship checks before federal voter registration forms could be provided to certain people.
U.S. District Judge Colleen Kollar-Kotelly, a Clinton appointee sitting in Washington, ruled that the Constitution’s separation of powers limits the President’s authority to impose unilateral changes on federal election procedures. The decision permanently enjoins two specific requirements in the order aimed at enforcing proof-of-citizenship rules.
"Put simply, our Constitution does not allow the President to impose unilateral changes to federal election procedures," Kollar-Kotelly wrote.
The ruling bars federal agencies from "assessing citizenship" before giving a federal voter registration form to people enrolling in public assistance programs. It also prevents the Secretary of Defense from demanding documentary proof of citizenship when military members register to vote or request absentee ballots.
Reactions and Context
Voting rights advocates applauded the decision. "Our democracy works best when all Americans can participate, including members of our military and their families living overseas," said Danielle Lang, a voting rights expert with the Campaign Legal Center, which represents the plaintiffs. "Today’s ruling removes a very real threat to the freedom to vote for overseas military families and upholds the separation of powers."
The White House defended the executive order as an effort to ensure "election security," with spokeswoman Abigail Jackson saying the administration does not consider the ruling final and expects to continue pursuing the issue in court.
The decision is one of several legal setbacks for the administration’s order. In October, Kollar-Kotelly blocked an earlier attempt to add a documentary proof-of-citizenship requirement to the federal voter registration form, and separate lawsuits brought by Democratic state attorneys general and by Oregon and Washington have curtailed other parts of the directive.
Broader Implications
The issue of noncitizen voting was a prominent theme in Republican messaging during the 2024 campaign, and some congressional Republicans continue to press proposals that would require proof of citizenship to register. However, research — including studies cited by officials across the political spectrum — has found that voting by noncitizens is rare, and courts have been skeptical of broad executive attempts to reshape federal election processes without congressional or state action.
Help us improve.
