Overview
- A Washington federal judge denied a preliminary injunction on May 28, finding plaintiffs lack Article III standing because federal agencies have not yet acted to build the ordered citizenship lists or change Postal Service ballot delivery.
- The March 31 executive order directs the administration to use Department of Homeland Security and Social Security Administration records to compile state-by-state lists of confirmed U.S. citizens, requires the USPS to deliver mail ballots only to names on state-approved lists, and mandates five-year preservation of election records.
- Democrats and civil-rights groups say using imperfect federal databases risks excluding lawful voters and that the order intrudes on states’ constitutional authority to run elections.
- The Justice Department argued the lawsuit was premature and the judge said plaintiffs may renew requests for injunctions if agencies begin implementing the order or if flawed lists cause concrete harm.
- A separate challenge by a coalition of Democratic states will be argued in Boston before Judge Indira Talwani in early June, keeping the legal fight active and likely to decide how or whether the order is carried out.