A second federal court this week struck down additional provisions of a federal executive order that sought to expand the federal government’s role in election administration, leaving Maryland’s election laws unchanged.

The US District Court for the District of Massachusetts ruled that the challenged provisions exceeded the President’s authority. The order would have directed the federal government to create voter eligibility lists, required the US Postal Service to use those lists when handling mail ballots, and threatened states with the loss of federal funding or other penalties if they declined to comply.

Maryland Attorney General Anthony Brown joined attorneys general from 23 other states and the Governor of Pennsylvania in challenging the executive order.

The decision came one day after the same court invalidated key provisions of a separate executive order that sought to require documentary proof of citizenship for voter registration, prohibit states from counting certain mail ballots received after Election Day, and withhold federal funding from states that refused to comply. Attorney General Brown also joined that multistate lawsuit.

These decisions follow another recent federal court victory for Maryland election officials. As previously reported on Conduit Street, last week, a federal judge dismissed a US Department of Justice lawsuit seeking access to Maryland’s statewide voter registration list, concluding that federal law did not require the State Board of Elections to produce the records requested.

As previously reported on Conduit Street, these cases carry direct implications for Maryland’s election system. State law governs elections, local boards of elections administer them, and county governments fund many election operations. Any federal changes to voter registration requirements, mail ballot procedures, or election timelines would affect local election administration.

The ruling comes as local boards of elections canvass mail-in ballots from Tuesday’s gubernatorial primary. Maryland’s current election procedures remain in place as officials continue counting ballots and prepare to certify the results.

One significant election case remains before the US Supreme Court. The Court will decide whether states may count mail ballots that voters cast by Election Day, but that election officials receive afterward. A ruling against the states could require Maryland to change its current mail-ballot deadlines and adjust its post-election canvassing and certification procedures.

Stay tuned to Conduit Street for more information.