Judge blocks additional citizenship provisions in the latest setback to Trump’s wide-ranging election executive order

SACRAMENTO, Calif. (AP) — A federal judge on Friday blocked some federal agencies from asking for citizenship status when distributing voter registration forms, the latest blow to a wide-ranging executive order on elections signed by President Donald Trump last year.

Read more: Fact-checking Trump’s claims about mail-in voting in California

US District Judge Colleen Kollar Cutelli in Washington ruled that the Constitution’s separation of powers, which gives states and to some extent Congress the power to set election rules, is at the heart of the case.

“Our Constitution simply does not permit the President to impose unilateral changes to federal election procedures,” the judge, appointed by former President Bill Clinton, wrote.

Specifically, Kollar Koteli permanently blocked two provisions of the executive order that sought to impose rules on proof of citizenship.

Its decision said agencies would not be allowed to “assess citizenship” before submitting a federal voter registration form to people enrolled in public assistance programs. She also said the Secretary of Defense cannot request documentary proof of citizenship when military personnel register to vote or request a ballot.

“Our democracy works best when all Americans can participate, including members of our military and their families living abroad,” said Danielle Lange, a voting rights expert at the Campaign Legal Center, which is representing the plaintiffs in the case. “Today’s ruling removes a very real threat to the freedom to vote of military families overseas and upholds the separation of powers.”

The White House said Trump’s executive order was intended to ensure “election security” and said Friday’s ruling would not be the final word.

“Ensuring that only private citizens vote in our elections is a common-sense measure that everyone should be able to support,” White House spokeswoman Abigail Jackson said. “This is not the final say on this matter and the administration is looking forward to a final victory on this issue.”

The specter of noncitizen voting and election distortion was a central strategy for Trump and Republicans during the 2024 campaign, and Republicans in Congress continue to push proposals that would require proof of citizenship to register to vote. Research has shown, even among Republican state officials, that voting by noncitizens is a rare problem.

Friday’s ruling is among several setbacks to the president’s executive order, which has faced multiple lawsuits. In October, Kollar-Kotele blocked the administration from adding documentary proof of citizenship requirements to the federal voter registration form. Separate lawsuits filed by Democratic attorneys general in the state and in Oregon and Washington states, which rely heavily on mail-in ballots, have blocked different parts of Trump’s order.