Federal Appeals Court Keeps Block on Trump Mail-In Voting Order in 23 States

A federal appeals court on Saturday denied the Justice Department’s request to lift a June injunction that halted key provisions of President Donald Trump’s March executive order on mail-in voting. The 1st U.S. Circuit Court of Appeals, in a 2-1 vote, said the states involved face imminent election deadlines and must respond to the order now, leaving the district court’s injunction in place while the appeal proceeds.

The order, signed in March, directs the Department of Homeland Security to compile lists of eligible U.S. citizens, instructs the Postal Service to set new standards for mail-in ballots, and tasks the Justice Department with prioritizing investigations of officials who issue ballots to ineligible voters. The lawsuit was filed by 23 states and the District of Columbia, led by California, Massachusetts, Nevada and Washington, which argue that the Constitution assigns primary responsibility for federal elections to the states and that the president exceeded his authority.

U.S. District Judge Indira Talwani had previously ruled that several provisions likely overstepped presidential power and blocked their implementation through the November 3 elections. The Justice Department indicated it could seek emergency relief from the Supreme Court if the appeal fails, but no comment was received from the White House or the department at the time of publication.

"As the district court reasoned, 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 majority opinion read.

The case remains unresolved, and the appellate court’s decision maintains the status quo pending further judicial review.