Just weeks after taking office, President Joe Biden signed an executive order instructing federal agencies to meddle in elections using taxpayer dollars. But the order violates the Administrative Procedure Act (APA), according to a new lawsuit filed Friday by America First Policy Institute (AFPI).
Biden signed Executive Order 14019 in March of 2021, directing federal agencies to develop plans to “promote voter registration and voter participation.” As AFPI pointed out, “the only statutory authority it cites is the National Voter Registration Act which has never been interpreted as authorizing such action.” The suit, America First Policy Institute v. Biden, was filed in the Northern District of Texas on behalf of AFPI, Republican Reps. Ronny Jackson and Beth Van Duyne of Texas, and Ohio Secretary of State Frank LaRose.
The plaintiffs seek a preliminary and permanent injunction to stop the Biden administration from executing the order.
“This [Executive Order] is a blatant and unlawful effort to use taxpayer money to help elect Democratic candidates, including President Joe Biden,” the suit alleges. “For instance, approach the U.S. Department of Agriculture’s Rural Development program about a grant — get pushed to register to vote. Approach the Small Business Administration about a loan — get pushed to register to vote. Contact U.S. Department of Health and Human Services about Head Start — get pushed to register to vote. … And as shown below, all such efforts are impermissibly tailored toward persons who are likely to vote Democratic if they were to register.”
In Michigan, a key state to both Biden and former President Donald Trump’s path to reelection, the Department of State signed a memorandum of understanding with the U.S. Small Business Administration “to promote civic engagement and voter registration in Michigan.” During a House Committee on Small Business hearing, Rep. Pete Stauber, R-Minn., noted that approximately 91 percent of Michiganders are registered to vote. So why, Stauber wondered, did the SBA focus on Michigan rather than states with lower registration numbers if the executive order is meant to increase voter registration in a nonpartisan way?
Pennsylvania lawmakers have also challenged Biden’s order, arguing it violates the right of legislators to set the time, place, and manner in which an election shall be held. The Supreme Court reportedly will not consider whether to take the case until Sept. 30 — after the order has already done what Biden intended it to do for the 2024 election.
AFPI Chair of the Center for Election Integrity Ken Blackwell said in a statement, “Congress has not authorized or funded any of this, so we seek a court order to stop it by simply enforcing federal law.”
