Judge Bars Citizenship Proof to Vote   06/25 06:14

   

   (AP) -- A federal judge on Wednesday permanently barred President Donald 
Trump's administration from implementing most of his first executive order on 
elections, part of which sought to require people to show documentary proof of 
citizenship when they register to vote.

   The ruling by U.S. District Court Judge Denise Casper in Boston effectively 
converts a preliminary injunction she issued a year ago, in which she 
temporarily blocked many of Trump's efforts to overhaul elections, into a 
permanent ban.

   Casper rejected the Republican administration's argument that the lawsuit to 
block the changes brought by Democratic state attorneys general was premature 
because the rules had yet to be put in place. Instead, she agreed that the 
Constitution gives states and Congress the authority to regulate elections, and 
that Trump's requirements violated the separation of powers.

   The Constitution "does not grant the President any specific powers over 
elections," wrote Casper, who was nominated by former Democratic President 
Barack Obama.

   Among other proposed changes, Trump's order would have required people to 
provide documentary proof of citizenship when registering to vote, prevented 
mail ballots from being counted if they arrive after Election Day, even if they 
were postmarked by then, and punished states that failed to comply by 
withholding certain federal grants, including those intended to beef up 
election security.

   Democrats see order as a constitutional overstep

   In a statement, New York Attorney General Letitia James said she was 
grateful the court had blocked Trump's "unconstitutional attempt to seize 
control of our elections" and would continue to defend voting rights in this 
year's midterm elections.

   "Generations of Americans fought tirelessly for the right to vote, and we 
honor their legacy by protecting that right against anyone who tries to 
undermine it," said James, a Democrat.

   California Attorney General Rob Bonta, whose state was the lead plaintiff in 
the case, said the ruling reaffirmed the constitutional principle that it's up 
to the states and Congress to set election rules.

   "While we are proud of this result, we are clear-eyed that President Trump's 
attacks on voting rights and our elections show no signs of slowing down," 
Bonta, a Democrat, said in a statement. "So let me be clear: we will keep 
fighting back every step of the way."

   In a statement, a White House spokeswoman said the Republican president 
wants to ensure that Americans are confident in the way elections are 
administered. The administration can appeal Wednesday's ruling if it chooses.

   "The President's executive order lawfully protects our elections, and we are 
confident that we will ultimately prevail in its implementation," spokeswoman 
Abigail Jackson said.

   Trump also is trying to enact voting changes through Congress

   The ruling was the latest in a series against the elections executive order 
Trump signed just months after taking office for his second term. He has since 
signed another executive order on elections that seeks to create a national 
voter list and limit mail balloting. That directive also faces multiple legal 
challenges.

   Last fall, a federal judge in Washington, D.C., overseeing a separate 
challenge to the first election executive order by civil rights and Democratic 
Party-aligned groups blocked the government from taking steps to include the 
proof-of-citizenship requirement on the federal voter registration form. That 
judge later barred Trump's defense secretary from requiring documentary proof 
of citizenship when military personnel register to vote or request ballots.

   In an apparent nod to the difficulty of implementing a proof-of-citizen 
requirement by executive order, Trump is pushing legislation in the 
Republican-controlled Congress to create such a mandate. The SAVE America Act 
has passed the House but has stalled in the Senate, leading Trump to advocate 
for eliminating the filibuster that is blocking the legislation.

   On Wednesday, he abruptly canceled the expected signing of a bipartisan 
housing bill, saying he would not sign legislation until Congress passes his 
proof of citizenship requirement for voting.

   Documents need to prove citizenship not always easy to obtain

   Enacting a proof-of-citizenship requirement to vote can be complicated, 
especially if it's done on the eve of a major election with little time for 
states or voters to adjust.

   A 2025 University of Maryland study estimates that 21.3 million Americans 
who are eligible to vote do not have -- or don't have easy access to -- 
documents to prove their citizenship. That includes nearly 10% of Democrats, 7% 
of Republicans and 14% of people unaffiliated with either major party.

   Only about half of Americans have a passport, which can take four to six 
weeks to obtain and cost around $165. And the processing time for an online 
birth certificate can take anywhere from a few days to 12 weeks. Married women 
who have changed their names might need additional documentation, such as a 
marriage certificate.

   A proof-of-citizenship requirement that passed in Kansas 15 years ago ended 
up blocking the voter registrations of more than 31,000 U.S. citizens who were 
otherwise eligible to vote before the law was halted by the courts.

   The president and many of his Republican allies have been promoting the 
narrative that voting by noncitizens is a major problem, when in fact it's 
quite rare. The federal voter registration form already requires people to 
attest that they are U.S. citizens. Violating that is punishable as a felony 
that can lead to prison or deportation.

   In another major voting case, the U.S. Supreme Court is due to issue an 
opinion soon on whether mail ballots must arrive by Election Day. That could 
immediately change the rules in 14 states that allow grace periods ranging from 
days to weeks if the ballots are postmarked by Election Day.