WASHINGTON (AP) 鈥� President Donald Trump exceeded his authority when he issued an executive order to , attorneys for Democrats and civil rights groups told a federal judge on Thursday.
U.S. District Judge Carl Nichols didn鈥檛 rule from the bench on the plaintiffs鈥� request for an order blocking officials from implementing Trump鈥檚 March 31 order, his second related to elections since winning his second term in the White House. The case is one of multiple lawsuits filed to block the order on the grounds that only states and Congress, and not the president, are given power under the Constitution to decide how elections are run.
Trump’s to revamp elections by requiring documentary proof of citizenship, issued last year, was largely on similar grounds. He issued his latest order only after the voting bill he backed . The current legal fight comes as the country is in the midst of primary elections and election officials are preparing for the intricacies of holding the fall’s midterm elections.
鈥淚 understand the time pressure here,鈥� said Nichols, who questioned both sides but gave no clear indication of which way he’s leaning.
The president can鈥檛 rewrite election rules to give himself and the Republican Party a partisan advantage, the plaintiffs鈥� attorneys said. They argued that the executive order鈥檚 requirements are illegal and designed to coerce states into limiting voter registration and ballot access.
鈥淚t is harming our clients every day in the middle of an election season,鈥� said Orion Nevers, an attorney representing the NAACP.
Democrats are more likely to vote by mail. Since even before his 2020 loss, Trump has there is mass fraud involved in the practice and fought to curtail it, even after his led to the on the U.S. Capitol and were repeatedly by audits and reviews, including some .
Since returning to office, Trump has said he wants Republicans to and of .
His latest executive order calls on the Department of Homeland Security to make a list of eligible voters in each state and seeks to prohibit the U.S. Postal Service from sending absentee ballots to those not on each state鈥檚 approved list.
The administration is asking the judge to dismiss the plaintiffs鈥� claims. Justice Department attorney Stephen Pezzi on Thursday suggested that the litigation is premature, calling it 鈥渟hadowboxing鈥� for the plaintiffs to challenge a list that hasn鈥檛 yet been created.
鈥淚t鈥檚 a little hard to address these questions in the abstract,鈥� Pezzi said.
Nichols, who was nominated to the bench by Trump, asked Pezzi why it would be lawful to disseminate the list to states.
鈥淚 think it would be the plaintiffs鈥� burden to explain why it鈥檚 unlawful,鈥� Pezzi replied. 鈥淚 don鈥檛 mean to be cute with that answer.鈥�
Trump鈥檚 executive order requires federal agencies to compile a list of adults the U.S. government has purportedly 鈥渃onfirmed鈥� to be U.S. citizens and to share it with each state at least 60 days before each federal election.
鈥淭here isn鈥檛 a way to lawfully compile it,鈥� said Lalitha Madduri, an attorney for Democratic Party plaintiffs.
Danielle Lang, who represents the League of United Latin American Citizens, said the executive order is aimed at creating 鈥渢he maximum amount of chaos and confusion鈥� for local election officials.
鈥淭hey need clear direction,鈥� Lang said.
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Riccardi reported from Denver.
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