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Trump Blocked From Requiring Proof of Citizenship for Voter Registration

A federal judge blocked President Donald Trump’s efforts to protect election integrity by requiring proof of United States citizenship on voter registration forms, finding that Trump “lacks the authority to direct such changes.”

In a decision by U.S. District Judge Collen Kollar-Kotelly on Friday, Kollar-Kotelly “sided with Democratic and civil rights groups that sued the Trump administration” after the President issued an executive order in March entitled “Preserving and Protecting the Integrity of American Elections,” according to the Associated Press.

Kollar-Kotelly, who was appointed by former President Bill Clinton, claimed in her decision that “the proof-of-citizenship directive is an unconstitutional violation of the separation of powers,” and argued that “on matters related to setting qualifications for voting and regulating federal election procedures,” the U.S. Constitution doesn’t give a “direct role to the President in either domain,” according to the outlet.

“Because our Constitution assigns responsibility for election regulation to the States and to Congress, this Court holds that the President lacks the authority to direct such changes,” Kollar-Kotelly said.

Under Trump’s executive order from March, the U.S. was criticized for failing “to enforce basic and necessary election protections,” while countries such as India and Brazil have been tying voter identification to a biometric database.” In comparison, the U.S. was noted to still largely rely “on self-attestation for citizenship.”

“Despite pioneering self-government, the United States now fails to enforce basic and necessary election protections employed by modern, developed nations, as well as those still developing,” the executive order said. “India and Brazil, for example, are tying voter identification to a biometric database, while the United States largely relies on self-attestation for citizenship.”

The executive order continues in part:

Free, fair, and honest elections unmarred by fraud, errors, or suspicion are fundamental to maintaining our constitutional Republic. The right of American citizens to have their votes properly counted and tabulated, without illegal dilution, is vital to determining the rightful winer of an election.

Under the Constitution, State governments must safeguard American elections in compliance with Federal laws that protect Americans’ voting rights and guard against dilution by illegal voting, discrimination, fraud, and other forms of malfeasance and error. Yet the United States has not adequately enforced Federal election requirements that, for example, prohibit States from counting ballots received after Election Day or prohibit non-citizens from registering to vote.

The order continues to note that “within 30 days of the date” of the executive order, the Election Assistance Commission (EAC) “shall take appropriate action to require, in its national mail voter registration form issued under 52 U.S.C. 20508” proof of U.S. Citizenship.

Kollar-Kotelly’s decision comes after she “agreed to partially grant a preliminary injunction sought by three different groups of plaintiffs” in April, according to CBS News.

In her block in April, Kollar-Kotelly prevented the Trump administration from moving forward with enacting “two provisions of the executive order,” according to the outlet.



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