DC Circuit Blocks Democrat Appeal on Trump Election Overhaul

• The D.C. Circuit panel rejected an appeal by top Democrats to block President Donald Trump's executive order.
• The executive order aims to create a national list of eligible voters and limit mail-in voting by requiring voters to opt into a state's mail-in voting list.
• The U.S. Postal Service would only send mail ballots to verified voters.
• Lawyers should be aware of potential compliance exposures under the Ensuring Citizenship Verification and Integrity in Federal Elections executive order.

The panel noted that the executive order directs agencies to act only 'to the extent feasible and consistent with applicable law,' which includes the Privacy Act of 1974.

The D.C. Circuit panel rejected an appeal by top Democrats to block President Donald Trump's executive order, which seeks to reshape the nation's election system. The three-judge panel upheld a federal judge's decision that the plaintiffs failed to show any imminent or irreparable harm. The executive order, signed on March 31, aims to create a national list of eligible voters and limit mail-in voting by requiring voters to opt into a state's mail-in voting list. The U.S. Postal Service would only send mail ballots to verified voters. The Department of Homeland Security and the Social Security Administration must compile and transmit lists of confirmed U.S. citizens to each state.

The D.C. Circuit panel cited the Supreme Court's 2020 decision in *Trump v. New York*, which vacated a district court's injunction halting enforcement of a presidential memorandum excluding noncitizens from the apportionment base for the national census. The high court ruled that the plaintiffs failed to show any imminent or irreparable harm. In this case, the D.C. Circuit panel also found that the plaintiffs did not demonstrate any harm that would occur if the executive order is implemented. The panel noted that the executive order directs agencies to act only 'to the extent feasible and consistent with applicable law,' which includes the Privacy Act of 1974. This means that compliance with federal law and the Constitution is required, and if agencies take steps to implement the order in a manner that violates these laws, plaintiffs can seek relief.

The rejection of the Democrats' appeal has significant implications for voters who may not have the necessary documentation or the ability to present it at an election office. The executive order could lead to disenfranchisement of lawful voters, particularly those who lack enhanced driver's licenses that meet the requirements. This is a concern because only five states currently issue such licenses. Lawyers should be aware of potential compliance exposures under the Ensuring Citizenship Verification and Integrity in Federal Elections executive order, which could result in the disenfranchisement of lawful voters.

Lawyers should watch for potential compliance exposures under the Ensuring Citizenship Verification and Integrity in Federal Elections executive order, which could lead to disenfranchisement of lawful voters who lack necessary documentation or cannot present it at an election office.

Source: Original reporting via CN