Last month, a federal judge in Washington, DC, put a stop to a significant part of President Donald Trump’s executive order focused on election integrity. This situation really highlights how divided opinions are across the country about what “election integrity” actually entails.
The executive order, titled “Maintaining and Protecting the Integrity of American Elections,” has faced challenges mainly from Democrats, who argue that it infringes upon the electoral process and undermines voter empowerment.
In a way, both sides have gained something, at least for the time being. So, here’s a brief overview of the case:
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Why did the judge intervene?
US District Judge Colleen Kollar-Kotelly has decided to block certain aspects of Trump’s executive order, particularly clauses preventing states from counting mail-in ballots received after Election Day. While this represents a partial win for the Trump administration, she has sided with the Democrats in halting new citizenship requirements on federal voter registration and mandating election officials to check voters’ citizenship status.
Is her authority legitimate?
Yes, it certainly appears to be. This situation illustrates a significant issue modern presidents face when they attempt to implement lasting change through executive orders, a strategy used by both parties.
It’s problematic for a couple of reasons. First, future presidents can easily reverse these orders, as seen in the past four administrations. Second, such orders are vulnerable to being challenged or suspended if a federal court finds them to exceed the enforcement department’s authority.
However, it’s worth noting that district courts don’t have the final say in these matters.
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Kollar-Kotelly recently pointed out that laws surrounding voter registration and election regulation fall under the purview of individual states, rather than being dictated by federal agencies.
Both states and Congress can enact legislation, provided it doesn’t unduly burden voters, as stipulated by the 14th amendment of the US Constitution. Yet the judges assert that administrative bodies lacking legislative authority cannot be subjected to the same legal scrutiny regarding election laws.
“Our Constitution assigns the power to regulate federal elections to Congress and the states, not the president,” Kollar-Kotelly emphasized in her decision.
What’s next?
The Trump administration can, of course, appeal this ruling to the High Court if it decides to pursue that route.
White House spokesperson Harrison Fields acknowledged the ruling, though the administration’s next steps remain uncertain, with no clear indication yet on whether they plan to challenge the decision.
