Mississippi and eight other states have filed a lawsuit against the Biden administration in an effort to block an executive order that mandates federal agencies to develop strategies to expand voter registration. The states argue that the order unfairly supports Democratic interests and politicians.
The complaint, lodged in the U.S. District Court for the District of Kansas on August 13, claims that Executive Order 14019 on Promoting Access to Voting is infected with partisanship, undermining its purported goal of simplifying voter registration and voting processes and encouraging eligible Americans to exercise their right to vote.
Mississippi, along with Montana, Kansas, Iowa, Nebraska, North Dakota, Oklahoma, South Carolina, and South Dakota, alleges that the executive order exceeds federal authority and violates the U.S. Constitution by infringing on states’ rights to manage their own voter registration procedures.
The lawsuit argues that the executive order transforms federal agencies into voter registration entities without transparency and is driven by partisan motives.
Mississippi Attorney General Lynn Fitch stated, “We fully support encouraging voter registration and promoting an engaged electorate. But putting the full weight of the Oval Office behind an effort first developed by partisan activist groups and then hiding the agency activities from public scrutiny goes too far. The law does not allow it. Mississippi will not stand for it.”
The legal action seeks to halt the implementation of Executive Order 14019, contending that the order did not undergo the necessary notice and public comment processes outlined in the Administrative Procedure Act (APA) to ensure transparency and accountability.
“The partisan infection is so severe as to render EO 14019, and the agency decisions stemming from it, the product of pretext,” the complaint reads. “That is, rather than ensure ‘that registering to vote and the act of voting be made simple and easy for all those eligible to do so,’ or promoting or defending ‘the right to vote for all Americans who are legally entitled to participate in elections,’ … the purpose is to promote left-wing politicians and policies at elections.”
The White House has not yet responded to the legal challenge.
Federal Agencies Mobilized
President Joe Biden signed the executive order on March 7, 2021, directing federal agencies to explore ways to expand voter registration and participation. The order tasks agencies with providing information and resources to the public, facilitating voter services access, and ensuring equal voting opportunities.
“Agencies shall consider ways to expand citizens’ opportunities to register to vote and to obtain information about, and participate in, the electoral process,” the order states.
Various government agencies, including the Department of Justice, the Department of Education, and the Department of Agriculture, are engaged in campaigns to register new voters.
Ceridwen Cherry, a former staff attorney at the ACLU Voting Rights Project, praised the executive order as “visionary,” highlighting the importance of government assistance in registering eligible voters.
Some experts believe that the executive order may favor Democrats over Republicans, targeting left-leaning voters through welfare agencies and other means.
A report by progressive groups evaluates how well federal agencies are implementing the executive order and suggests areas for improvement, such as including voter registration in applications for health insurance and federal student aid.
Critics raise concerns about federal agencies partnering with private groups to register voters on federal premises, questioning compliance with state laws and transparency in the partnership selection process.
Kevin Stocklin contributed to this report.
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