Monthly Archives: October 2025

Federal District Court Issues a Permanent Injunction Barring the U.S. Election Assistance Commission from Altering the Federal Form to Register to Vote to Require Documentary Proof of Citizenship, as Trump Purported to Order

You can find the careful and well reasoned district court opinion at this link. From the introduction:

The first question presented in these consolidated cases is whether the President, acting unilaterally, may direct changes to federal election procedures. Because our Constitution assigns responsibility for election regulation to the States and to Congress, this Court holds that the President lacks the authority to direct such changes.

In Section 2(a) of Executive Order No. 14,248, the President directed the Election Assistance Commission to “take appropriate action” to alter the national mail voter registration form to require documentary proof of United States citizenship. The several Plaintiffs in these consolidated cases have moved for partial summary judgment, arguing that Section 2(a) of Executive Order No. 14,248 cannot lawfully be implemented because our Constitution entrusts Congress and the States—not the President—with the power to regulate federal elections.

Upon consideration of the parties’ submissions, the relevant legal authority, and the entire record, this Court agrees. Because there is no genuine dispute as to any material fact and Plaintiffs are entitled to judgment in their favor on their constitutional separation-of-powers claims regarding Section 2(a) as a matter of law, the Court shall enter partial summary judgment in Plaintiffs’ favor and deny both the Federal Defendants’ and Defendant-Intervenor’s cross-motions for summary judgment as to those claims. The Court shall permanently enjoin the proper Federal Defendants from implementing Section 2(a) of the President’s Executive Order. Because there is no just reason for delaying the ultimate resolution of Plaintiffs’ constitutional separation-of-powers claims regarding Section 2(a), the Court shall enter a final, appealable judgment on those claims. Finally, because Plaintiffs have not alleged that there is yet a final agency action implementing Section 2(a), the Court shall dismiss without prejudice the Democratic Party Plaintiffs’ Administrative Procedure Act claims regarding that provision…

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“Dems ‘Need the Votes’ of ‘Illegal Citizens,’ Top Federal Election Official Claims in Unhinged Rant” (Republican EAC Commissioner Christy McCormick)

Despicable:

A top federal voting official is facing a call to step down after accusing Democrats of encouraging “open borders” and widespread voting by “illegal citizens,” because “they need the votes.”

The outlandish conspiracy theory is common on the far right. But its embrace by Christy McCormick, a Republican member of the U.S. Election Assistance Commission (EAC), part of an unhinged public rant against Democrats, raises serious questions about her ability to help states administer fair and impartial elections, and to retain public trust.

“They need the votes. They’re losing ground,” McCormick said Wednesday at a panel discussion on voting at the Trump-aligned America First Policy Institute (AFPI), when asked why she thinks the left opposes measures to tighten voting rules. “Everybody is seeing how people are going toward the right. They are progressively going left and over the cliff to socialism and communism. As we see with the Mamdani — or, is that his name? Mamdani in New York. This is dangerous for this country and I think a lot of people see that and are moving toward the right.”

“They need open borders, they need illegal citizens to increase their votes,” McCormick continued. “And this is why they’re fighting so adamantly against us.”…

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“In Late, Obscure Notice, DHS Turbocharges Trump’s Voter Purge Database, Evading  Privacy Protections”

Democracy Docket:

The Department of Homeland Security (DHS) quietly formalized sweeping changes to a federal immigration database Friday, turning it into a national “voter verification” tool that appears to sidestep federal privacy protections and will make it easier to remove large numbers of voters from the rolls. 

The department cited President Donald Trump’s anti-voting executive orders as the spur for the move.

A Systems of Records Notice (SORN), published by DHS in the Federal Register in its final form Friday, redefines how the department and state officials can use the Systematic Alien Verification for Entitlements (SAVE) database — a program originally created to check the immigration status of noncitizens applying for public benefits. 

The change adds voter registration and verification to SAVE’s official purpose, vastly expanding who and what data can be entered and searched. It allows DHS to share the data with the Social Security Administration (SSA) and the Department of Justice (DOJ), which under Trump has embarked on a sweeping effort to pressure states to tighten voting rules and remove voters from the rolls.

And for the first time, DHS explicitly adds natural-born U.S. citizens to the system’s scope, allowing verification through Social Security numbers, passports and, soon, driver’s licenses.

The SORN comes months after the Trump administration expanded SAVE, even though federal law requires public notice in advance of such significant changes. The filing neglects to mention that SAVE was already modified and is currently being used by states to purge voter rolls….

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ProPublica Profile of NC Supreme Court Chief Justice Paul Newby Draws Veiled Threat from Justice’s Daughter to Drop the Story or Deal with Trump Administration

ProPublica:

In early 2023, Paul Newby, the Republican chief justice of North Carolina’s Supreme Court, gave the state and the nation a demonstration of the stunning and overlooked power of his office. 

The previous year, the court — then majority Democrat — had outlawed partisan gerrymandering in the swing state. Over Newby’s vehement dissent, it had ordered independent outsiders to redraw electoral maps that the GOP-controlled legislature had crafted to conservatives’ advantage.

The traditional ways to undo such a decision would have been for the legislature to pass a new law that made gerrymandering legal or for Republicans to file a lawsuit. But that would’ve taken months or years.

Newby cleared a way to get there sooner, well before the crucial 2024 election.

In January — once two newly elected Republican justices were sworn in, giving the party a 5-2 majority — GOP lawmakers quickly filed a petition asking the Supreme Court to rehear the gerrymandering case. Such do-overs are rare. Since 1993, the court had granted only two out of 214 petitions for rehearings, both to redress narrow errors, not differences in interpreting North Carolina’s constitution. The lawyers who’d won the gerrymandering case were incredulous. 

“We were like, they can’t possibly do this,” said Jeff Loperfido, the chief counsel for voting rights at the Southern Coalition for Social Justice. “Can they revisit their opinions when the ink is barely dry?”

Under Newby’s leadership, they did.

Behind the closed doors of the courthouse, he set aside decades of institutional precedent by not gathering the court’s seven justices to debate the legislature’s request in person, as chief justices had historically done for important matters. 

Instead, in early February, Justice Phil Berger Jr., Newby’s right-hand man and presumed heir on the court, circulated a draft of a special order agreeing to the rehearing, sources familiar with the matter said. Berger’s accompanying message made clear there would be no debate; rather, he instructed his colleagues to vote by email, giving them just over 24 hours to respond. 

The court’s conservatives approved the order within about an hour. Its two liberal justices, consigned to irrelevance, worked through the night with their clerks to complete a dissent by the deadline. 

The pair were allowed little additional input when the justices met about a month and a half later in their elegant wood-paneled conference room to reach a decision on the case. After what a court staffer present that day called a “notably short conference,” Newby and his allies emerged victorious.

Newby then wrote a majority opinion declaring that partisan gerrymandering was legal and that the Democrat-led court had unconstitutionally infringed on the legislature’s prerogative to create electoral maps.

The decision freed GOP lawmakers to toss out electoral maps that had produced an evenly split North Carolina congressional delegation in 2022, reflecting the state’s balanced electorate. 

In 2024, the state sent 10 Republicans and four Democrats to Congress — a six-seat swing that enabled the GOP to take control of the U.S. House of Representatives and handed Republicans, led by President Donald Trump, control of every branch of the federal government. 

The gerrymandering push isn’t finished. This month, North Carolina Republican lawmakers passed a redistricting bill designed to give the party an additional congressional seat in the 2026 election….

ewby declined multiple interview requests from ProPublica and even had a reporter escorted out of a judicial conference to avoid questions. He also did not answer detailed written questions. The court system’s communications director and media team did not respond to multiple requests for comment or detailed written questions.

When ProPublica emailed questions to Newby’s daughter, the North Carolina Republican Party’s communications director, Matt Mercer, responded, writing that ProPublica was waging a “jihad” against “NC Republicans,” which would “not be met with dignifying any comments whatsoever.” 

“I’m sure you’re aware of our connections with the Trump Administration and I’m sure they would be interested in this matter,” Mercer said in his email. “I would strongly suggest dropping this story.” …

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“A Fundraiser Convicted of Defrauding ‘Vulnerable’ Victims Is Back — and Making Millions From Republican Campaigns”

Dave Levinthal for Notus:

Jack Daly, who was convicted and sent to prison last year after pleading guilty to defrauding thousands of conservative political donors out of money, has emerged from federal custody to quietly re-establish himself as a top Republican Party campaign fundraiser.

A NOTUS investigation found that dozens of federal-level Republican political committees — including the Republican National Committee, numerous congressional committees and campaign operations tied to President Donald Trump — have together spent nearly $18 million on digital fundraising, donor lists and other services from Daly’s latest political consulting firm, Better Mousetrap Digital, according to Virgin Islands corporate filings and Federal Election Commission records.

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“Trump Urges Republicans to End the Filibuster to Reopen Government”

WSJ:

President Trump urged Senate Republicans to end the filibuster, the longstanding rule that requires 60 votes to advance most legislation, in order to reopen the government without the support of Democrats.

“It is now time for the Republicans to play their ‘TRUMP CARD,’ and go for what is called the Nuclear Option — Get rid of the Filibuster, and get rid of it, NOW!” he wrote on Truth Social, while criticizing Democrats’ healthcare demands at the center of the current impasse. Trump said that Democrats would end the filibuster if they ever won back the Senate, so Republicans should go ahead and do it now. 

“If we did what we should be doing, it would IMMEDIATELY end this ridiculous, Country destroying ‘SHUT DOWN,’ ” he wrote.

Government funding lapsed on Oct. 1 after a stopgap spending bill passed by the Republican-led House fell five votes short of the 60 needed in the Senate. Since then, Democrats have blocked the bill more than a dozen times, saying they won’t provide the votes to reopen until Republicans negotiate a deal to extend enhanced Affordable Care Act health-insurance subsidies.

The standoff has frustrated many Senate Republicans, prompting some to float the idea of ending the filibuster rather than continuing to try to reach a deal with Democrats. 

But Senate Majority Leader John Thune (R., S.D.) and other GOP senators have promised to protect the filibuster. Thune said last week it would be a “bad idea” to kill the rule to end the shutdown. Last fall, before the presidential election, Thune said Senate Republicans would have to resist calls from Trump to nuke the filibuster, “and I hope that he understands that.”

Eliminating the filibuster would allow the majority party to pass legislation with just 51 votes and would have far-reaching consequences for how Congress operates. Democrats tried to weaken the rule during President Joe Biden’s administration, but centrist Democratic Sens. Joe Manchin and Kyrsten Sinema blocked the effort, saying it would undercut the need for compromise in the chamber and lead to wild swings in policy. Manchin and Sinema later retired as independents….

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NYU Democracy Project: A National Primary Day

Yesterday, Robert Boatright and Catherine Tolbert’s essay argued that we should hold primary elections on a single, national primary day:

When America adopted primary elections, primaries were hailed as a way to give the public a say in choosing our leaders. Today, fewer than twenty percent of Americans vote in primaries. Primary voters are unrepresentative of the population, registered voters, and even the other members of their parties. Turnout of younger people is extremely low. Turnout fluctuates wildly, depending on whether there is competition in high-profile races. To improve primaries, we must increase the participation, representativeness, and consistency of primary voters. The best way to do this is to hold all congressional and state primaries (though not necessarily presidential primaries) on the same day: a National Primary Day.

Primaries for state and federal office are spread across eighteen dates from March to September.  If all primaries were held on the same day, people would know when to vote. A single-day primary would also attract more national media coverage.  People would know there is a primary even if they knew little about their local candidates. A national primary would also simplify mobilization efforts by parties or interest groups. An organization seeking to increase turnout by a particular demographic group or to highlight the salience of an issue could engage in a nationwide campaign or publicize lists of endorsed candidates. These effects would be felt the most among lower propensity voters, who tend to be younger, less wealthy, and less ideologically extreme than today’s primary voters. The primary electorate would look more like the American population.

There are many secondary effects from having a single-day primary as well. A single-day primary would limit the power of organized interests. The sequential nature of contemporary, low-turnout primaries gives undue power to groups that have sought to encourage extreme candidates and to selectively “primary” incumbents. An increase in turnout would make it more likely that primary victories would be a consequence of voter mobilization, not voter inattention. When primaries do yield unexpected results, we would understand these outcomes in the context of all of the year’s primaries, not as harbingers of what might take place in primaries later in the year.

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“AJC poll: Georgia Democrats express growing distrust in the election system”

AJC:

For much of the last decade, it was Republicans who questioned the integrity of Georgia’s elections. Now a growing share of Democrats are voicing doubts of their own.

In the latest Atlanta Journal-Constitution poll, more than one-third of Democratic primary voters say they’re either “not so confident” or “not at all confident” that the 2026 primary will be conducted fairly and accurately.

That’s more than double the share from October 2024, when just 16% of Democrats said they lacked faith in the election system.

Meanwhile, 80% of likely GOP primary voters say they have faith in the integrity of next year’s vote, and only 6% say they’re not confident at all. It’s almost the inverse of where the parties stood last year, when as many as two-thirds of GOP voters expressed doubts about Georgia’s elections.

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As California SOS Questions Department of Justice Authority to Send Federal Election Monitors to 5 California Counties, Looks Like DOJ is Sending Only Two U.S. Attorneys to Observe Voting Processes in Orange County

The California Secretary of State questions authority of DOJ to send monitors to 5 California Counties:

The CA GOP released a letter citing supposed irregularities in the 5 California counties that formed its purported basis for “requesting” DOJ monitors.

Despite the announcement and concern, this seems very modest:

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“Trump Suggests He Knows He Can’t Run Again: ‘It’s Too Bad’”

NYT:

President Trump seemed to concede on Wednesday that he was not eligible to serve a third term, lamenting that it was an unfortunate result of the constitutional prohibition that he has mused about violating for months.

Speaking to reporters aboard Air Force One en route to South Korea, the last leg of his three-country diplomatic tour across Asia, Mr. Trump said it was “too bad” that he couldn’t run in 2028.

“We have the greatest economy we’ve ever had, I have my highest poll numbers that I’ve ever had,” he boasted (his approval rating remains low, at 43 percent, according to a New York Times average). “And, you know, based on what I read, I guess I’m not allowed to run. So we’ll see what happens.”

The remarks came after House Speaker Mike Johnson said on Tuesday there was no path around the Constitution’s two-term limit.

“I don’t see a way to amend the Constitution — I don’t see the path for that,” Mr. Johnson said — but not before complimenting the “Trump 2028” cap that the president likes to wear and display in the Oval Office, and noting that it was still fun to entertain the idea.

Mr. Trump, asked about Mr. Johnson’s conclusion, which the speaker said he had discussed with the president, said he didn’t “want to talk about it” before listing accomplishments, such as resolving several conflicts and rising stock prices, that he said made him the ideal candidate….

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“Ohio Republicans cut redistricting deal with Dems”

Punchbowl:

Republicans on Ohio’s redistricting commission struck a deal with Democrats on a compromise congressional map after hours of late-night deliberations….

This compromise is a shocking development. Ohio’s constitution mandates a complicated redistricting process that includes the commission and the state legislature. The Buckeye State is required to redraw its map for 2026 because it passed in 2021 without bipartisan support.

Both parties expected the commission to reach a stalemate and that redistricting would revert back the state’s GOP-controlled legislature.

But Democrats were able to successfully leverage the prospect of a referendum campaign. For their part, Republicans dangled the threat of pushing through a less favorable map if Democrats rejected their offer….

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“Meta appeals $35M campaign finance fine at WA Supreme Court”

Washington State Standard:

Facebook’s parent company is asking Washington’s high court to overturn what the state’s attorney general has called the largest campaign finance penalty in the nation’s history.

Meta argues the Washington campaign finance law used to justify the $35 million fine violates the First Amendment to the U.S. Constitution. The company also argues that the punishment, for not providing required records for digital campaign advertisements hosted on its platform, is excessive and misguided. 

The state attorney general’s office, which sued Meta in 2020, says provisions of the law are necessary to inform voters about who is spending money to influence Washington elections. Gov. Bob Ferguson was leading the attorney general’s office when the case was filed. 

“This purpose is even more urgent today, given the targeted and ephemeral nature of digital media, yet Meta has repeatedly and intentionally violated our law,” said deputy solicitor general Cristina Sepe, as the state and Meta argued their cases before state Supreme Court justices Tuesday.

Meta was represented in court by Rob McKenna, the former two-term Republican state attorney general and 2012 gubernatorial candidate.

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