Federal Judge Hears Challenges to Trump's Executive Order on Voter List and Mail Ballots

A federal judge in Boston heard arguments on Tuesday from voting rights groups and a coalition of two dozen states seeking to halt President Donald Trump's executive order that aims to create a federal voter list and restrict mail ballot eligibility. The plaintiffs, in two lawsuits, argue the order is unconstitutional because the power to set election rules lies with states and Congress, not the president.

They also claim the order imposes a costly burden on state election officials and could spread fear of prosecution. Michael Cohen, representing California, warned of a "sea change" in ballot administration and said it would be "difficult to overstate the disruption." Trump's order, his second targeting elections in his second term, cites concerns over noncitizen voting, though states already have processes to maintain accurate voter rolls and noncitizen voting is rare and a felony.

The American Civil Liberties Union, representing the League of Women Voters, called the order "a dangerous attempt to disenfranchise eligible voters nationwide" and argued it transforms the U.S. Postal Service into an arbiter of mail ballots.

The hearing comes less than a week after another judge declined to halt the order, ruling it was premature. The Trump administration argues the plaintiffs lack standing and that the order has not yet been implemented.

Judge Indira Talwani expressed concerns about the feasibility of the federal list for upcoming midterm elections, risks to election workers, and reliability issues such as women changing names after marriage or voters moving between states. She questioned whether voters would be precluded from voting.

Trump issued the order in March after a voting overhaul bill stalled in Congress. The order would create a federal voter list and direct the Postal Service to deliver mail ballots only to those on the list.

Election officials warn of potential abuse and chaos, and the postal union objects to mail carriers policing ballots. The Postal Service has published a proposed rule in the Federal Register, which would not apply to primary elections or overseas ballots.

Judge Talwani took the motions under advisement.