Injunction halts Trump’s proof-of-citizenship voting requirement

A coalition of 19 states won an injunction against President Donald Trump’s executive order requiring proof of citizenship when voting.

The June 13 ruling from the United States Court for the District of Massachusetts placed a preliminary injunction against the executive order, and said the states are likely to win their case.

“There is no dispute (nor could there be) that U.S. citizenship is required to vote in federal elections and the federal voter registration forms require attestation of citizenship. The issue here is whether the President can require documentary proof of citizenship where the authority for election requirements is in the hands of Congress, its statutes…do not require it, and the statutorily created (Election Assistance Commission) is required to go through a notice and comment period and consult with the States before implementing any changes to the federal forms for voter registration,” the ruling said.

“Today, the court blocked the President’s unconstitutional attempt to interfere with states' fundamental responsibilities to manage and administer our elections,” said California Attorney General Rob Bonta. “Nothing is more fundamental to our democracy than the right to vote. We will continue to fight to ensure the President’s anti-Democratic, anti-American attacks on voting are never implemented.”

The March 25 Executive Order required voters to present “proof of citizenship.” The four listed proofs of citizenship are a United States passport, a REAL ID, a military identification card, or a “government-issued photo identification if such identification indicates that the applicant is a United States citizen or if such identification is accompanied by proof of United States citizenship.”

The ruling found that the states proved irreparable harm from the policy, including significant costs to revamp voter registration procedures and the disenfranchisement of eligible voters who do not have easy access to proof of citizenship.

It also found that only Congress has to power to adjust state election rules, citing the Constitution’s Elections Clause: “Times, Places, and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.”

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