A federal judge has barred the Trump administration from threatening to withhold federal election funding for states that refuse to alter their voter registration forms or voting systems to President Donald Trump’s liking.
U.S. District Judge John Chun ruled Friday that Trump’s threat to pull Election Assistance Commission funds was an attempt to put unconstitutional pressure on states even though the president — by design — has no formal power to determine how states administer elections.
“The President has no authority to unilaterally impose new conditions on federal funds,” Chun wrote in a 75-page ruling.
Chun, a Seattle-based Biden appointee, is the third federal judge to block large portions of Trump’s March 25 Executive Order purporting to require states to alter their election processes. U.S. District Judge Colleen Kollar-Kotelly, a Washington, D.C.-based Obama appointee, in April blocked portions of the order forcing states to adopt new standards for voters’ proof of citizenship and a series of enforcement mechanisms. And U.S. District Judge Denise Casper, a Massachusetts-based Obama appointee, in June blocked provisions seeking to punish states that count ballots that arrive after Election Day.
The Trump administration has appealed Kollar-Kotelly’s and Casper’s rulings. Both appeals remain pending.
A spokesperson for the White House did not immediately respond to requests for comment.
All three judges found that Trump had exceeded his authority by purporting to mandate states to adjust their election procedures. The Constitution gives exclusive control of the “time, place and manner” to the states and Congress — an intentional decision to keep presidents at arm’s length from the procedures that govern their own elections. The federal government plays a role in funding state election systems, enforcing federal laws meant to protect election integrity and prosecuting election fraud. Those oversight functions don’t impinge on lawmakers’ power to set election procedures.
Trump has repeatedly made baseless claims of widespread fraud and cheating in blue states, rooted in part in his defeat in the 2020 election — and he has repeated those allegations in his efforts to pressure states to change their procedures.
Chun’s ruling was the first to contend with Trump’s demand that the Election Assistance Commission update voting system standards in specific ways — and then threaten funding for states that refuse to conform to those standards. It also bars a provision that could threaten funding for states that don’t require “documentary proof of citizenship” on federal voter registration forms.
“The Constitution assigns no authority to the President over federal election administration,” Chun wrote.
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