President Trump has consistently made his stance on mail-in voting clear, posting that “ELECTIONS CAN NEVER BE HONEST WITH MAIL IN BALLOTS/VOTING.” His war against this form of voting has culminated in an executive order, which would restrict mail-in ballots, being struck down in Massachusetts.
The order stated that the United States Postal Service would be overseen by the federal government to ensure no fraud; however, at this point, it became clear that the real problem at hand was the power the executive branch has over elections, or the lack thereof. The order also proposed that the Department of Homeland Security create a list of citizens for each state to determine whether a voter is eligible to vote in an election. Questions were raised, though, about whether it would be feasible to track name changes or changes in residence accurately and swiftly.
When the case was brought before Judge Talwani by Democratic attorneys general from across the country, the executive order had already been seen by one judge in Washington, D.C. There, the judge had concluded that because the order had not yet been carried out, and so had not created any legal harm, they could not block it. Judge Talwani looked towards the states of Massachusetts and Connecticut to prove that harm had been done; for instance, election policies, procedures, and election workers have been shifted in preparation for the order being put into motion. Almost half of the states have already purchased mail-order envelopes, and they are now worrying about how the effects of the directive would render those purchases obsolete.
Judge Talwani has made it clear in her statement that “the President lacks any authority to compile voter lists for each State” and that “the Constitution does not grant the President any specific powers over elections”. As such, her rejection of the executive order was clear, emphasizing that control over elections belongs to the states and Congress, not to the executive branch and not to the President.
This veto sets a standard for the judicial branch’s power over the executive branch, but it remains unclear whether this will be the last attempt from President Trump to restrict mail-in voting.