A federal judge on Wednesday permanently barred President Donald Trump's administration from implementing most of his first executive order on elections, which sought to require people to show documentary proof of citizenship when registering to vote and impose other voting restrictions.
U.S. District Court Judge Denise Casper in Boston converted a preliminary injunction she issued a year ago into a permanent ban, rejecting the administration's argument that the lawsuit was premature because the rules had not yet been implemented. Casper, a Barack Obama appointee, ruled that the Constitution gives states and Congress authority over elections, not the president.
"The Constitution does not grant the President any specific powers over elections," Casper wrote.
Key provisions blocked
Trump's order would have required documentary proof of citizenship for voter registration, prevented counting mail ballots received after Election Day even if postmarked by then, and withheld federal grants from noncompliant states, including funds for election security.
New York Attorney General Letitia James praised the ruling, saying it blocked Trump's "unconstitutional attempt to seize control of our elections." California Attorney General Rob Bonta, lead plaintiff in the case, said the ruling reaffirms that states and Congress set election rules.
White House spokeswoman Abigail Jackson said the administration believes the order lawfully protects elections and may appeal. "We are confident that we will ultimately prevail in its implementation," Jackson said.
Ongoing legal challenges
The ruling is the latest against Trump's election executive order, signed months into his second term. A separate challenge in Washington, D.C., blocked the proof-of-citizenship requirement on federal voter registration forms and barred the defense secretary from requiring such proof for military voters.
Trump is also pushing the SAVE America Act in Congress to mandate proof of citizenship for voting. The bill passed the House but stalled in the Senate. On Wednesday, Trump canceled the expected signing of a bipartisan housing bill, demanding Congress pass his citizenship requirement first.
Impact of proof-of-citizenship requirements
A 2025 University of Maryland study estimates 21.3 million eligible voters lack easy access to citizenship documents, including nearly 10% of Democrats, 7% of Republicans, and 14% of unaffiliated voters. Only about half of Americans have a passport, which costs around $165 and takes weeks to obtain. Online birth certificate processing can take 12 weeks. Married women who changed names may need additional documents like marriage certificates.
A similar requirement in Kansas 15 years ago blocked over 31,000 eligible U.S. citizens from registering before courts halted it. Noncitizen voting is rare; the federal voter registration form already requires attesting citizenship under penalty of felony.
The U.S. Supreme Court is expected to rule soon on whether mail ballots must arrive by Election Day, which could change rules in 14 states with grace periods for postmarked ballots.
