A federal judge has declined to stop President Donald Trump’s executive order, which aims to create a federal voter list and limit mail voting. This decision allows for possible changes in American election processes shortly before the midterm elections.

U.S. District Judge Carl Nichols, appointed by Trump, dismissed the request made by Democrats and civil rights groups. They argued that Trump’s order might be deemed unconstitutional since the authority to set election rules lies with the states and Congress, not the president.

Nichols acknowledged the administration’s argument that it is premature to block the order because it has not yet been enacted. He wrote, “The Court recognizes that the Postal Service may ultimately issue a final rule that directly affects Plaintiffs or their members, or that the Government may develop State Citizenship Lists that omit specific individuals due to particularized flaws. Plaintiffs may, of course, renew their motions if and when those future actions occur. Until then, however, Plaintiffs cannot show that preliminary injunctive relief is warranted.”

The legal battle now moves to Boston, where voting rights groups have another lawsuit seeking to temporarily block Trump’s executive order in federal court. The administration has not yet formally created the voter lists. Those who initially sought the stay have indicated they will take action if the administration proceeds with the order.

Juan Proaño, CEO of the League of United Latin American Citizens, one of the organizations seeking the stay, stated, “We are ready to resume the fight if and when the administration takes those next steps.”

Trump put forward this executive order in March after a voting overhaul bill he supported stalled in Congress. The order proposes the federal government create a list of eligible voters and instructs the U.S. Postal Service to send mail ballots only to those on the list, which has raised concerns among election officials about potential abuse and chaos.

Since his 2020 election defeat to Democrat Joe Biden, Trump has baselessly claimed that mail voting is fraught with fraud. Despite several audits and investigations, including Republican-led ones, finding no widespread fraud, Trump has pursued a federal investigation into the 2020 vote.

This is Trump’s second executive order on elections and voting. The first, issued early in his second term, was blocked by multiple federal judges. It sought to require documentary proof of citizenship to register to vote, among other changes.