NEW YORK (AP) 鈥� A federal judge on Thursday said she would wait to decide whether to grant a preliminary injunction to that are challenging recent executive order on elections.
U.S. District Judge Colleen Kollar-Kotelly in Washington, D.C., said she would consider each party's responses to her questions and aim for a ruling in the next week.
The Democratic National Committee, the League of United Latin American Citizens, the League of Women Voters Education Fund and others are seeking to block Trump's sweeping overhaul of federal election processes, which, among other changes, would require to register to vote in federal elections.
The Republican president鈥檚 says the U.S. has failed 鈥渢o enforce basic and necessary election protections鈥� and calls on states to work with federal agencies to share voter lists and prosecute election crimes. It threatens to pull federal funding from states where election officials don鈥檛 comply.
It also aims to mandate major changes to election processes, including adding a proof-of-citizenship requirement to the federal voter registration form and requiring all mail ballots to be received, rather than just postmarked, by Election Day nationwide.
The plaintiffs argue Trump鈥檚 order is illegal because it asserts power that he does not have over an independent agency. That agency, the U.S. Election Assistance Commission, sets voluntary voting system guidelines and maintains the federal voter registration form.
The plaintiffs also argue the order violates the Constitution, which says that states 鈥� not the president 鈥� get to decide the 鈥渢imes, places and manner鈥� of how elections are run. The Constitution's so-called Elections Clause also gives Congress the power to 鈥渕ake or alter鈥� election regulations, at least for federal office, but it doesn鈥檛 mention any presidential authority over election administration.
During the hearing, Danielle Lang, counsel for the nonpartisan groups suing the Trump administration, said requiring citizenship proof would complicate her clients鈥� voter registration drives at grocery stores and other public places.
It would make them 鈥渇ar more cumbersome, far more difficult, and far less effective,鈥� she said.
Aria Branch, counsel for the Democrats, said her clients would face similar harms. She also argued a provision in the executive order to tighten mail ballot deadlines would irreparably harm her clients by forcing them to reallocate resources to help voters navigate the changes.
鈥淭hat鈥檚 time, money and organizational resources and strategy that can鈥檛 be recouped,鈥� she said. 鈥淎nd with elections, I鈥檓 sure your honor knows, every single day is important.鈥�
The judge asked Michael Gates, counsel for the Trump administration, if it would constitute harm if a federal voter registration agency declined to provide a voter registration form to an eligible person because they could not immediately assess citizenship.
鈥淭hey can go down the street to the DMV,鈥� Gates said. 鈥淚nconvenience is not a harm.鈥�
Also at issue during the hearing was whether the government has already begun implementing the documentary proof-of-citizenship requirement in the order. The plaintiffs pointed to an April 11 letter from the U.S. Election Assistance Commission to states 鈥渟eeking consultation鈥� on how they would want to see it implemented.
Gates said the official process to implement the provision hasn't begun.
鈥淭he executive order hasn't been implemented, and the federal form won't be updated for many, many, many many months," he said. 鈥淭hat alone undermines the need for an injunction.鈥�
The hearing comes as other lawsuits against Trump鈥檚 executive order are pending.
Earlier this month, 19 Democratic attorneys general to reject Trump鈥檚 executive order. The following day, , two states that hold all-mail elections, followed up with their own lawsuit against the order.
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Associated Press writer Christina A. Cassidy in Atlanta contributed to this report.
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Ali Swenson, The Associated Press
