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A federal appeals court has upheld a lower court ruling that blocks key portions of President Donald Trump’s executive order overhauling federal election procedures in nearly half the country, preventing the administration from implementing the changes ahead of November’s midterm elections.
In a decision issued Saturday, the 1st U.S. Circuit Court of Appeals rejected the Trump administration’s request to move forward with the executive order in the 23 states and the District of Columbia that challenged it in court.
The ruling leaves in place a preliminary injunction issued earlier this year by U.S. District Judge Indira Talwani, who concluded the administration likely exceeded its constitutional authority by attempting to impose new federal election requirements without congressional approval.
Trump signed the executive order in March, directing the head of U.S. Citizenship and Immigration Services and the commissioner of the Social Security Administration to develop a federal list of eligible voters based on citizenship records.
The order also instructed the U.S. Postal Service to deliver mail ballots only to voters included on that federal eligibility list.
The administration argued the measures were designed to strengthen election integrity by preventing noncitizens from voting in federal elections. Trump and Republican allies have repeatedly called for tighter voter verification measures, saying they are necessary to protect public confidence in elections.
State election officials who sued to block the order argued the proposal would create widespread confusion, disrupt election administration and potentially prevent eligible voters from casting ballots.
The coalition of Democratic attorneys general and election officials from 23 states and the District of Columbia maintained that the Constitution gives states and Congress—not the president—the authority to establish rules governing federal elections.
Talwani agreed, issuing an injunction that halted enforcement of the executive order in the states participating in the lawsuit while the legal challenge proceeds. The injunction applies only to those jurisdictions and does not extend nationwide.
The appeals court’s decision means the administration cannot implement the voter eligibility database or mail ballot restrictions in those states before the Nov. 3 midterm elections.
The Justice Department indicated the legal fight is far from over.
In a statement Sunday, department officials said they are reviewing their legal options and remain confident that Trump’s executive order will ultimately withstand judicial scrutiny.
“We are reviewing all options,” the Justice Department said, adding that it believes the executive order is lawful and will eventually be upheld.
The ruling marks another setback for the administration’s efforts to reshape federal election procedures through executive action. Several provisions of the order have faced legal challenges since it was issued, with opponents arguing the changes would fundamentally alter election administration without congressional authorization.
The underlying lawsuit will now continue in federal court as judges consider the broader constitutional questions surrounding presidential authority over election administration.
