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Judge blocks Trump’s election executive order on noncitizen voting, counting late mail-in ballots

A federal judge issued a broad injunction Friday against President Trump’s executive order trying to impose new rules on elections, saying only Congress can make the kinds of changes he had in mind.

Judge Denise Casper, an Obama appointee to the court in Massachusetts, halted his push for states to demand proof of citizenship before registering new voters. Likewise, she said the Defense Department cannot impose a citizenship requirement for registering troops living abroad.

And she shut down Mr. Trump’s attempt to punish states that count mail-in ballots that were cast on time but arrive after Election Day, saying Congress has never forbidden it, so Mr. Trump can’t impose it himself.

“The Constitution does not grant the president any specific powers over elections,” the judge wrote.

Her ruling was a victory for California, which led a coalition of Democrat-run states in challenging Mr. Trump’s order.

It’s the second victory for Gov. Gavin Newsom in two days, following a federal judge in California ruling Thursday that blocked Mr. Trump’s decision to federalize the National Guard to quell protest violence in Los Angeles. The ruling is on hold pending appeal.

Mr. Trump issued his order for elections on March 25, saying he was taking action to safeguard “integrity” in elections.

“The right of American citizens to have their votes properly counted and tabulated, without illegal dilution, is vital to determining the rightful winner of an election,” he said.

That included trying to block noncitizens from registering and casting ballots through a new proof-of-citizenship requirement.

It’s already against the law to vote as a noncitizen, but few states do more than ask registrants to check a box affirming they are citizens. Mr. Trump wanted the Election Assistance Commission, a federal panel that oversees a federal voter registration form, to impose a proof requirement.

He also ordered the Defense Department to do the same for voters abroad.

And Mr. Trump, frustrated by mail-in ballots that leaned heavily in Democrats’ favor in recent presidential elections, said Election Day should be the cutoff for receiving valid votes. He ordered the attorney general to take action against states that count ballots cast by Election Day but that were received later.

Provisions about prosecuting election fraud cases and improving voting systems went unchallenged.

Another federal judge in Washington had already issued an injunction against the EAC citizenship requirements, but Judge Casper’s ruling went much further.

The Washington court ruling is being appealed.

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