A federal judge on Thursday declined to block President Trump’s executive order tightening rules on mail-in voting, ruling that Democratic plaintiffs brought the challenge too early because federal agencies have not yet implemented the measure.
U.S. District Judge Carl Nichols rejected a request for a preliminary injunction from plaintiffs including Senate Minority Leader Chuck Schumer. Nichols said the executive order itself does not directly require action from the plaintiffs and no federal agency has yet taken steps that would cause immediate harm.
The order directs agencies to use Department of Homeland Security and Social Security Administration data to help create state citizenship lists. Democrats argued the move could improperly exclude legally registered voters because the databases may contain outdated or inaccurate information, and claimed the order infringes on states’ constitutional authority to regulate elections.
The Justice Department argued the lawsuit was premature, a position Nichols ultimately agreed with. The judge said plaintiffs could seek another injunction after agencies begin implementing the order.
A separate coalition of Democratic-led states has also challenged the executive order in federal court in Boston. U.S. District Judge Indira Talwani is scheduled to hear arguments in that case on June 2.
