VICTORY for Voters — Unlawful, Anti-Voter Executive Order Halted
Washington, DC — Today, a key part of an anti-voter executive order was successfully halted after the president attempted to act beyond his power and direct an independent agency to make drastic changes to our elections.
A judge for the U.S. District Court for the District of Columbia issued an opinion and order affirming that it is not within the president’s authority to direct the Election Assistance Commission (EAC), an independent bipartisan agency, to implement burdensome and unnecessary documentation requirements for voter registration. The League of United Latin American Citizens (LULAC), Secure Families Initiative (SFI) and Arizona Students’ Association (ASA) — represented by Campaign Legal Center (CLC) and State Democracy Defenders Fund (SDDF) — sought to prevent the EAC from taking any action to implement Section 2(a) of President Trump’s anti-voter executive order.
The president does not have the authority to tell the EAC what changes they should make to the federal voter registration form. By law, the EAC determines the content of the federal voter registration form in accordance with strict rules set by Congress in the National Voter Registration Act. The president cannot legally dictate to the EAC what that form’s contents should be.
“Today’s ruling is a victory for voters across the country - particularly voters of color - and our democracy,” said Roman Palomares, LULAC National President. “Efforts to silence the voice and votes of the U.S. electorate must not stand because our democracy depends on all voters feeling confident that they can vote freely and that their vote will be counted accurately.”
“No president has the authority to dictate our election systems and processes,” said Danielle Lang, senior director of voting rights at Campaign Legal Center. “The Constitution gives the states and Congress the express power to regulate our elections. We are happy to see that the Constitution’s core principle of separation of powers has been upheld in this instance, and we look forward to continuing our challenge so everyday Americans can make their voices heard without unnecessary barriers.”
“Military voters, nearly half of whom are voters of color, already jump through so many hoops just to participate in the very democracy our families serve to protect,” said Sarah Streyder, executive director of Secure Families Initiative. “We welcome today’s ruling as it halts what was an unlawful process that would have disproportionately harmed our community’s access to the ballot box.”
“This ruling is a resounding victory for democracy and the rule of law,” said Amb. Norm Eisen (ret.), co-founder and executive chair of the State Democracy Defenders Fund. “No president can trample the Constitution to impose anti-voter restrictions. Today’s decision affirms what we’ve known all along: our election systems must remain free from political interference, and the independence of our institutions must be protected.”
“This is a major win for our students in Arizona and across the country. If this anti-voter executive order had been allowed to continue it would have suppressed the ability of young people to vote. We’re thankful to the Campaign Legal Center, State Democracy Defenders Fund, and all the people who put in work to protect our voting rights.” Kyle Nitschke, Co-Executive Director of the Arizona Students’ Association.
Keep up with our action against the administration’s unlawful executive order here. Read more about our lawsuit here.
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The nonpartisan Campaign Legal Center advances democracy through law. We safeguard the freedom to vote, defend voters’ right to know who is spending money to influence elections, and work to ensure public trust in our elected officials.
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