Federal judge overhauls Nebraska-backed executive order on mail-in voting

A federal judge has ruled that President Trump doesn’t have the constitutional or statutory authority to restrict mail-in voting rules and to create a nationwide voter list.

Nebraska, along with 11 other states, intervened on the case, defending the executive order back in April.

U.S. District Judge Indira Talwani in Boston, though, ruled that the Constitution does not grant the president any specific powers over elections.

“It is clear that the federal agencies charged with compiling Confirmed Citizen Lists lack the ability to create complete and accurate lists of the U.S. citizens residing in every State,” Talwani said in the 37-page opinion.

Trump signed the executive order in March, which directed federal agencies to create a “state citizenship list” and disperse it amongst state election officials. It also allows for the U.S. Postal Service to "initiate rulemaking about mail-in and absentee ballots.”

This comes at a time when Nebraska election laws are under scrutiny.

Recently, the Republican National Committee sued Nebraska over state election law, saying Nebraska laws currently allow for U.S. citizens who have not lived in the state or country to vote in Nebraska.

Nebraska Secretary of State Bob Evnen, who’s about to leave office after losing in the primary election, had said that he will follow any executive orders issued by President Trump regarding election integrity.

Nebraska Public Media reached out to Hilgers’ office for comment but did not hear back in time for publication.