Second judge halts executive orders on elections issued by Trump

More than a month after a federal judge halted a portion of President Donald Trump’s executive order related to elections in the country, another judge ruled Friday that additional provisions of the order should also be stayed.

The memo from federal Judge Denise J. Casper of the District of Massachusetts imposed a pause on one of the most controversial parts of the order, which would require people to provide documents proving their citizenship, such as a passport, when registering to vote using the national registration form.

Casper, an appointee of former President Barack Obama, also blocked a provision aimed at prohibiting states from counting mail-in ballots postmarked on Election Day.

The judge noted that states have the power to set the rules for their elections, according to the Constitution, not the president. "The Constitution does not grant the President any specific powers over elections," she wrote in the document.

A "common sense" law

Weeks earlier, a group of attorneys general claimed that Trump's directive "usurps the constitutional power of the states and purports to change election law by fiat."

The White House defended the order on the grounds that it would ensure "free, fair and honest elections." It also called proof of citizenship a "common sense" requirement.

Casper asserted in Friday's order that the states were likely to succeed in their legal challenges.

Casper cited arguments by the states that the requirements would place a substantial burden on them, with substantial efforts and costs to update their procedures. At the same time, she acknowledged that on citizenship "there is no dispute (nor could there be) that U.S. citizenship is required to vote in federal elections and the federal voter registration forms require attestation of citizenship."