Nine states, including Kansas, are challenging an executive order from President Joe Biden that would task federal agencies with assisting with voter registration. Those states say the order undermines their power to control elections and describe it as a government-subsidized program aimed at strengthening Democratic and left-leaning blocs.
Kansas Attorney General Kris Kobach and Montana Attorney General Austin Knudsen filed the federal lawsuit in court in Wichita. The nine states are Montana, Kansas, Iowa, South Dakota, Mississippi, Nebraska, North Dakota, Oklahoma and South Carolina.
At the heart of the lawsuit is Executive Order 14019 of March 10, 2021, which instructs federal agencies to “explore ways to expand citizens’ opportunities to register to vote, receive information about, and participate in the electoral process.”
The states challenging the order say Biden is transforming various federal agencies, sometimes illegally turning them into “voter registration organizations.” The state attorneys general say elections, including voter registration, are solely the jurisdiction of the states and are guaranteed by the Tenth Amendment to the U.S. Constitution.
In addition, the states said this is an example of the federal government trying to encroach on the sovereignty of the states and leave them no choice but to go to federal court. The lawsuit says the states were never invited to the proceedings and were never allowed to comment. They accuse the Biden administration of hiding the plans.
“In response to Freedom of Information Act requests, the Biden-Harris administration has stated that the plans are classified and could be removed from public scrutiny,” the lawsuit states.
The lawsuit names a number of federal agencies as defendants, including the U.S. Department of the Treasury, the U.S. Department of Justice, the U.S. Department of the Interior, the U.S. Department of Agriculture, the U.S. Department of Labor, the U.S. Department of Health and Human Services, the U.S. Department of Housing and Urban Development, and the U.S. Department of Education.
The lawsuit also claims that under the National Voter Registration Act, federal agencies cannot get in the way of citizens casting their ballots. However, it also says voter registration is left to the states and Biden’s order exceeds their authority.
The 41-page complaint lays out a number of actions the executive order requires federal agencies to take to assist with voter registration, including:
- The lawsuit accuses the Justice Department of providing information to inmates remaining in federal custody and educating prisoners about voting laws and rights before they re-entered the country.
- It says the Department of the Interior will disseminate information about registration and voting at schools operated by the Bureau of Indian Education and at tribal colleges and universities.
- The order also requires the Department of Agriculture to provide its borrowers and lenders with nonpartisan voter registration and voting information.
- 2,400 American Job Centers, which provide job counseling, training, and career services, are designated voter registration agencies under the National Voter Registration Act.
- Providing space in common areas with public housing for certain election-related activities, including voter registration or early voting drop boxes.
- The lawsuit says the order allows the Department of Education to authorize federal funds for work studies to “support voter registration.”
“There are few details about how agencies determine whether a third-party organization is ‘recognized’ or ‘non-partisan,’ or which third-party organizations an agency can partner with to promote voter registration,” the lawsuit says. “A rule allowing federal agencies to engage in voter registration activities violates the constitutionally protected sovereign rights of states.”
From a practical perspective, the states argue that the federal government’s executive order not only violates the Constitution but could also jeopardize the efforts of individual states.
“The federal government’s enormous resources make it a unique institution among all entities engaged in voter registration. Because of the resources it makes available, the federal government can conduct voter registration activities on a scale that virtually overwhelms any attempt by a state to regulate the government’s activities,” the lawsuit states.
Knudsen, Montana’s attorney general, echoed that sentiment when he announced Helena’s lawsuit on Tuesday.
“Fair elections are an essential part of our republic. Congress gave states the power to oversee elections years ago,” Knudsen said. “I will not stand idly by while the Biden-Harris administration shamelessly tries to collect votes by using its own voter registration agencies and ignoring states’ voter registration systems, thereby jeopardizing the integrity of our elections.”
The states also stated that supporting a variety of different agencies without appropriate training poses the risk of electoral fraud.
“They failed to consider the risk of fraud or to take steps to prevent fraud, which jeopardizes the integrity of the State’s election administration,” the states said. “At a minimum, this includes ensuring that illegal aliens do not register to vote through the schemes implemented by the defendants.”
Non-citizens are already prohibited by law from participating in elections.
The states conclude their lawsuit by saying that the plans in the executive order were not intended to make it easier for residents to register to vote, but rather that they were part of a Democratic plan.
“(The executive order) was motivated by a partisan desire to unfairly increase the Democratic vote, as evidenced by the fact that the order came from left-wing, progressive groups,” the lawsuit says. “The purpose is to promote left-wing politicians and policies in elections.”
This story was produced by Darrell Ehrlick for the Daily Montanan, a States Newsroom affiliate.
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