States File Suit Over “Get Out the Vote” Executive Order

The Equal Employment Opportunity Commission outlined the White House Executive Order, which potentially violates the Hatch Act.

Secretaries of state and attorneys general from nine states have filed a lawsuit against President Biden’s administration, challenging the constitutionality of Executive Order 14019. The order mandates federal agencies to support voter registration and turnout efforts. The states maintain that this order oversteps federal authority and infringes on state sovereignty by imposing federal involvement in election procedures that are managed by the states.

The Promoting Access to Voting executive order was not published nor made available to the public when it was issued in March 2021. In a joint statement, the states said that the plans “did not go through notice and comment or any of the safeguards under the Administrative Procedure Act (APA) that ensure transparency and accountability.”

They further stated that “efforts by watchdog organizations and others to obtain copies of those plans were stonewalled, with the U.S. Department of Justice even asserting that they should be ‘properly withheld … in [their] entirety pursuant to the presidential communications privilege,’ in a case brought in federal court in Florida by the Foundation for Government Accountability.”

The lawsuit claims that the executive order violates the Separation of Powers and the Elections Clause of the Constitution, imposing undue burdens on state and local governments. The plaintiffs, including attorneys general from Mississippi, Montana, Kansas, Iowa, Nebraska, North Dakota, Oklahoma, South Carolina, and South Dakota, also allege the order directs federal employees to potentially violate the Hatch Act, which prohibits political activities by federal employees.

The secretaries of state of Missouri and Arkansas have separately filed suit over the constitutionality of this federal mandate, which has been dubbed “Bidenbucks.”

As the Lord Leads, Pray with Us…

  • For wisdom for the judges who will hear the suit regarding the executive order and federal agency involvement in voter registration.
  • For the state officials to be discerning as they seek to ensure the integrity of their elections and protect states’ rights.

Sources: Clarion Ledger, Just the News, Equal Employment Opportunity Commission, The Federalist

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