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Federal judge bars Trump from requiring proof of citizenship to vote

A federal judge on Wednesday permanently barred President Trump’s administration from implementing most of his first executive order on elections, part of which sought to require people to show documentary proof of citizenship when they register to vote.

The ruling by U.S. District Judge Denise Casper in Boston in effect converts a preliminary injunction she issued a year ago, in which she temporarily blocked many of Trump’s efforts to overhaul elections, into a permanent ban.

Casper rejected the administration’s argument that the lawsuit to block the changes brought by Democratic state attorneys general was premature because the rules had yet to be implemented. Instead, she agreed that the Constitution gives states and Congress the authority to regulate elections, and that Trump’s requirements violated the separation of powers.

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

Among other proposed changes, Trump’s order would have required people to provide documentary proof of citizenship when registering to vote, prevented mail ballots from being counted if they arrive after election day, even if they were postmarked by then, and punished states that failed to comply by withholding certain federal money.

In a statement, New York Atty. Gen. Letitia James said she was grateful the court had blocked Trump’s “unconstitutional attempt to seize control of our elections” and would continue to defend voting rights in this year’s midterm elections.

“Generations of Americans fought tirelessly for the right to vote, and we honor their legacy by protecting that right against anyone who tries to undermine it,” she said.

Requests for comment sent to the White House and Department of Justice were not immediately returned.

It was the latest in a string of rulings against the elections executive order Trump signed just months after taking office for his second term. He has since signed another executive order on elections, seeking to create a national voter list and limit mail balloting. That directive also faces multiple legal challenges.

In the fall, a federal judge in Washington overseeing a separate challenge to the first election executive order by civil rights and Democratic Party-aligned groups blocked the government from taking steps to include the proof-of-citizenship requirement on the federal voter registration form. That judge later barred the secretary of Defense from requiring documentary proof of citizenship when military personnel register to vote or request ballots.

In an apparent nod to the difficulty of implementing a proof-of-citizen requirement by executive order, Trump is pushing legislation in the Republican-controlled Congress to create such a mandate. The SAVE America Act has passed the House but has stalled in the Senate, leading Trump to advocate for eliminating the filibuster that is blocking the legislation.

On Wednesday, he abruptly canceled the expected signing of a bipartisan housing bill, saying he won’t do so until Congress passes his proof of citizenship requirement for voting.

The president and many of his Republican allies have been promoting the narrative that voting by noncitizens is a major problem, when in fact it’s quite rare. The federal voter registration form already requires people to attest that they are U.S. citizens, and violating that is punishable as a felony that can lead to prison or deportation.

In another major voting case, the U.S. Supreme Court is due to issue an opinion soon on whether mail ballots must arrive by election day. That could immediately change the rules in 14 states that allow grace periods ranging from days to weeks if the ballots are postmarked by election day.

Smyth and Casey write for the Associated Press.

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New West Virginia law requiring photo IDs at polling places greets voters in primary election

Presenting a utility bill as a valid form of identification at a voting precinct in West Virginia has gone the way of the tavern polling place and the punch-card ballot.

State lawmakers tightened an existing voter identification law by requiring photo ID at the polls, with some exceptions. The law was used for the first time in Tuesday’s primary election, and officials said they’ve seen very few glitches.

“The whole point of the law is just making sure you are who you say you are,” Secretary of State Kris Warner said Monday.

Voters will nominate candidates for U.S. Senate, U.S. House and state legislature. They also will elect two new state Supreme Court justices.

During the in-person early voting period that ended Saturday, Warner said his office hadn’t heard of anyone who demanded to vote without a photo ID. He said the state had asked residents to use photo IDs for the past few elections, so “it was not a big shock that it was now law.”

During his statewide travels over the past two weeks, Warner said he was told of some instances where people returned to their vehicle to retrieve a photo ID after entering a polling place. Another voter used an exception to the law by filling out a form that was verified by a poll worker who has known them for at least six months. There also were exceptions for first-time voters.

Most states either require or request some form of ID for in-person voting at the polls.

Proponents say the West Virginia law will cut down on voter fraud and that a photo ID is already required for everyday tasks such as getting on an airplane or buying alcohol.

The bill sailed through the Republican-supermajority legislature last year. All votes against it were cast by Democrats, some who argued it would suppress access to the polls. State Democratic Party Chair Mike Pushkin said no credible evidence was shown during legislative debate that West Virginia had a widespread problem with ineligible voting. Pushkin said the legislation was “designed more for political messaging than solving actual problems.”

But Warner said it allows senior citizens to use expired driver’s licenses, as long as it was valid on their 65th birthday

“I wanted to make sure it didn’t prevent anyone from voting,” Warner said.

Forms of identification that are no longer accepted at polling places include utility bills, bank statements, hunting and fishing licenses, bank or debit cards, and concealed carry gun permits. Acceptable forms of photo IDs include a driver’s license, U.S. passport, military ID, employee ID issued by a government agency and a student ID from a high school or college.

Monongalia County Clerk Carye Blaney said for several years her county has used an electronic system to scan bar codes on the back of driver’s licenses to check in voters at polling places.

“I think that it makes voters feel more secure, or it confirms for the voters the security of our elections when we are verifying a photo to a person,” Blaney said.

Raby writes for the Associated Press.

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