A federal appeals court dealt a new setback to President Donald Trump's electoral strategy, rejecting his Government's request to put into effect an executive order that tightens the rules of voting by mail in 23 states, a few months before the November legislative elections, in which control of Congress will be defined.

The decision was issued by the First Circuit Court of Appeals, based in Boston, which confirmed the temporary suspension issued on June 25 by federal judge Indira Talwani, who concluded that several of the provisions of the presidential order probably violate the Constitution by invading powers reserved to the states and Congress to organize federal elections.

The Justice Department had requested that the suspension be lifted while the appeal is resolved, arguing that the lawsuit filed by a coalition of 23 states and the District of Columbia was premature because federal agencies had not yet completed the development of the measures necessary to carry out the order.

However, the appeals panel rejected that approach. In its resolution it noted that “the plaintiff states have no other practical option but to respond to the order now,” because preparations for the elections are already underway and the challenged provisions have immediate effects on electoral administration.

The lawsuit was filed by a coalition of states led by California, Massachusetts, Nevada and Washington, whose prosecutors argued that the president exceeded the powers of the Executive Branch by attempting to unilaterally modify the rules of electoral administration, a matter that the Constitution reserves mainly to the states and Congress.

The executive order, signed by Trump in March under the argument of strengthening electoral integrity, instructs the Department of Homeland Security (DHS) to compile federal lists of citizens eligible to vote using citizenship registries. It also orders the Department of Justice to prioritize investigations against state and local election officials who send ballots to people considered ineligible.

Another of the questioned provisions seeks to involve the United States Postal Service (USPS) in the implementation of new criteria for the processing of voting by mail, a point that Judge Talwani considered lacking legal basis.

In his June ruling, Talwani held that the president lacks the authority to order DHS to create federal voter registries for states and concluded that the USPS also does not have the power to impose binding rules on voting by mail.

The judge also warned that the executive order cannot be used “to intimidate local election officials” or force them to use federal citizenship registries that do not include all citizens with the right to vote, under the threat of investigations or criminal proceedings.

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