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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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… Continue reading