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Federal appeals court rejects Trump bid to enforce mail ballot order in 23 states

A federal appeals court refused to allow the Trump administration to enforce key parts of an executive order tightening mail-in voting rules in 23 Democratic-led states, leaving a lower court's injunction in place ahead of the midterm elections.

Federal appeals court rejects Trump bid to enforce mail ballot order in 23 states
Federal appeals court rejects Trump bid to enforce mail ballot order ahead of midterm elections
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A federal appeals court on Saturday dealt a significant setback to the Trump administration's efforts to tighten mail-in voting rules, ruling against the enforcement of key provisions of President Donald Trump's executive order in 23 Democratic-led states. The 2-1 decision by the 1st U.S. Circuit Court of Appeals denied the Department of Justice's request to pause a June ruling that had blocked several parts of the order while the administration appeals. The ruling keeps an injunction in place through the upcoming November midterm elections, and the Justice Department has indicated it may now seek emergency relief from the Supreme Court.

The legal battle centers on Executive Order 14399, which President Trump signed in March as part of his election integrity agenda. The order directs the Department of Homeland Security to compile lists of confirmed U.S. citizens eligible to vote and provide them to states, instructs the U.S. Postal Service to establish new standards for mail-in ballots, and orders the Justice Department to prioritize investigations into state and local election officials who issue federal ballots to individuals deemed ineligible to vote. The administration argued that the lawsuit challenging the order was premature because federal agencies had not yet finalized the necessary implementing policies.

However, the appeals court majority disagreed, writing that the executive order «lays out a clear set of rapidly approaching deadlines by which states must coordinate with federal officials and comply with new voting procedures.» The court added that the plaintiff states «have no practical choice but to respond to the order now.» The decision upholds a June ruling by U.S. District Judge Indira Talwani, an Obama appointee, who found that several provisions of the executive order likely exceeded the president's authority. Judge Talwani blocked federal agencies from implementing those provisions in the plaintiff states through the Nov. 3 federal elections.

The lawsuit was brought by 23 states and the District of Columbia, led by California, Massachusetts, Nevada, and Washington. The states have argued that the Constitution gives them primary responsibility for administering federal elections and that the president overstepped his authority by directing federal agencies to impose new voting requirements. The Justice Department previously told the court it would seek emergency relief from the Supreme Court if it did not prevail at the circuit level, setting up a potential high-stakes appeal that could reach the nation's highest court shortly before the midterm elections.

Saturday's ruling does not resolve the underlying legal challenge but leaves the injunction in place while the appeal proceeds. The White House and the Justice Department did not immediately respond to requests for comment. The decision is likely to intensify the ongoing debate over voting rights and election security, with Republicans arguing that stricter rules are needed to prevent fraud and Democrats contending that such measures disproportionately suppress voter turnout. The case is one of several legal battles surrounding the Trump administration's election policies, including the Save America Act and other voting-related executive actions.

The midterm elections are scheduled for November, and many states have already begun preparing for mail-in voting. The executive order's requirements had created uncertainty for election officials in the affected states, who were facing looming deadlines to coordinate with federal agencies. The appeals court's decision provides temporary clarity, but the possibility of a Supreme Court intervention means the situation could change rapidly in the coming weeks. Legal experts say the case raises fundamental questions about the balance of power between the federal government and the states in administering elections.