Judge clears way for Trump mail-in ballot executive order

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A federal judge on Thursday cleared the way for President Trump’s March executive order beefing up rules surrounding mail-in ballots to stand in the face of legal challenges from Democrats.

The order would require the federal government to establish a list of eligible voters based on available citizenship data and direct the U.S. Postal Service to only deliver mail-in ballots to individuals on each state’s approved voter roll.

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U.S. District Judge Carl Nichols in his ruling said the lawsuit brought by the Democratic Senatorial Campaign Committee, NAACP and League of United Latin American Citizens is unlikely to succeed on the merits and largely speculative.

Plaintiffs argued Trump’s order violates the Privacy Act by creating a list of individuals who are citizens and over the age of 18 in an attempt to establish an inventory of eligible voters based on federal data, even if no information is ever transmitted to any state. They also alleged the order treads on states’ constitutional authority over elections.

However, Nichols said the argument would only stand if a “purely intra-federal government list is created.”

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