It's been over a year since the Biden Administration issued the Executive Order on Promoting Access to Voting, E.O. 14019. However, the Biden Administration has failed to be forthcoming with the public about how it plans to implement the order which requires federal agencies to "consider ways to expand citizens’ opportunities to register to vote and to obtain information about, and participate in, the electoral process." As RNLA previously reported, Committee on House Administration Ranking Member Rodney Davis led other Republican Members of Congress in asking the Biden Administration for more details on how it plans to implement the order:
[T]he above signed members are concerned that Democrats continue to fundamentally misunderstand the role of the federal government in elections, as the EO states, “It is the responsibility of the Federal Government to expand access to, and education about, voter registration and election information, and to combat misinformation, in order to enable all eligible Americans to participate in our democracy.” However, the Constitution gives the States the primary authority to set election law and administer elections.
When will the Biden Administration answer House Republicans' questions about its executive order directing federal agencies to engage in voting access and registration activities? https://t.co/3yCeifyEQI— RNLA ⚖️ (@TheRepLawyer) May 8, 2022
The Biden Administration ignored the House Republicans' request to receive a response by April 29.
The Biden Administration has also failed to respond to FOIA requests by the Foundation for Government Accountability (FGA). FGA filed a lawsuit last month to compel the Administration to respond to its requests to the Department of Justice:
Having exhausted all other legal remedies, we are asking the federal courts to compel the Justice Department to turn over the documents we requested within three weeks, thereby ensuring that Americans can learn if anything inappropriate is happening before they cast their midterm ballots. We aren’t yet filing suit against other agencies in the hope that a federal ruling in our favor will spur them to follow the Justice Department lead.
As FGA's Chase Martin wrote for The Federalist:
Attempts to block states’ efforts failed in Congress, so this EO became the administration’s only option as a backdoor into state elections.
Despite state legislatures taking the security of their elections into their hands, as they are expressly elected to do, the Biden administration is strong-arming the executive branch and trespassing in state elections, where it does not belong and is not constitutionally permitted. This violates the separation of power embodied in our Constitution and is clearly at odds with both the Elections and Electors Clauses of the U.S. Constitution.
The president lacks the legal authority required for the executive branch to intervene in elections the way EO 14019 directs. This means those federal agencies that comply with this order will surely exceed the scope of their authority, providing grounds for either Congress to intervene, or states to sue.
E.O. 14019 is yet another attempt by Democrats to establish a federal takeover of our elections. Only this time, they're trying to do it out of sight of the American people.