ATLANTA (AP) — Republicans and conservative activists have been increasingly criticizing an executive order issued by the Biden administration three years ago aimed at increasing voter registration, arguing it is unconstitutional and an interference in the upcoming November election.
A GOP political action committee recently sent a fundraising email framing the order as federal agencies working as Biden’s personal ‘Get-Out-The-Vote’ machine. A Republican-led House committee has issued subpoenas to agency directors, and a group of GOP secretaries of state have asked the Supreme Court to review a case challenging the order.
Despite the opposition from the right, there is no evidence suggesting that the order favors voters from one party over another.
White House spokesperson Robyn Patterson stated that the administration will continue to protect the voting rights of eligible citizens regardless of their political affiliation. Biden had issued the order in 2021 amid Republican-led state legislatures considering voting restrictions, following the false claims of widespread fraud impacting former President Donald Trump‘s re-election.
“These are baseless claims made by those who propagated debunked lies about the 2020 elections and have used those same lies to pass laws across the country that restrict voting and undermine the will of the people,” Patterson stated.
Here is an overview of what the order entails, how federal agencies are complying with it, and the criticisms from Republicans.
Objective to Simplify Voting
Biden signed the executive order on March 7, 2021, emphasizing the government’s responsibility to make voter registration and voting easily accessible for all eligible individuals, in alignment with applicable laws. Agency leaders were instructed to submit a strategic plan within 200 days.
The order mandated updates to the federal website vote.gov to ensure voting information is available in multiple languages. The website does not directly register voters but connects them with state and local election offices to initiate the registration process.
The order specifically mentions tasks for the Department of Defense, such as providing active-duty military personnel with the opportunity to register, update their voter information, or request absentee ballots annually.
It also directs the Department of Justice to offer educational materials on registration and voting for individuals in federal custody as they prepare for release, including information on voting restrictions.
Republican Critiques
A year after the order, congressional Republicans expressed concerns in a letter to the White House, alleging that the administration had overstepped its authority by directing federal agencies to engage in activities beyond their scope. They pointed out that the U.S. Department of Agriculture’s Food and Nutrition Service allowed state agencies to use SNAP funds for voter registration services.
The letter failed to acknowledge that states manage the food assistance program and were instructed to provide voter registration information under existing federal law, according to a former White House official involved in implementing the order. The official clarified that the agency was reaffirming that these expenses were eligible for reimbursement.
Following this, Republicans sent letters to federal agencies requesting details on their compliance with the order and included repealing the order in an elections bill proposed last year.
Last month, the Committee on House Administration’s chairman issued subpoenas to obtain documents related to the order, claiming it was an attempt by the Biden Administration to sway the 2024 election.
A White House official mentioned that the Office of Management and Budget had provided initial responses, and other agencies were working on fulfilling the committee’s requests when the subpoenas were issued.
State Involvement Required
While federal agencies have not disclosed their plans, they have announced steps taken to adhere to the order.
A legal expert, Justin Levitt, described the order as groundbreaking yet restricted in scope. He noted that military recruitment offices were the only federal agencies aiding with voter registration before Biden’s order. Additionally, a federal agency can only assist with voter registration upon request from a state.
States like Kansas, New Mexico, Kentucky, and Michigan have designated various federal agency offices as voter registration agencies to comply.
Appeal to the Supreme Court
A group of Republican state election officials criticized the order as federal overreach into states’ electoral administration.
West Virginia Secretary of State Mac Warner wrote to Biden requesting the order’s withdrawal. He joined eight other GOP secretaries of state to file a brief urging the U.S. Supreme Court to review a case challenging the order.
The Court declined to expedite the case’s review, with a potential argument scheduled for early next year if considered.
‘Innocuous as an order gets’
Opponents of the executive order have dubbed it “Bidenbucks,” drawing parallels to the “Zuckerbucks” controversy following the 2020 election, where funds from Mark Zuckerberg were provided to a nonprofit benefiting election offices. Critics assert that the order is a Democratic advantage.
David Becker, an election expert, highlighted the timing of the criticism, years after the order was issued, and close to the presidential election. He emphasized that the order simply aims to facilitate registration and updates for eligible citizens interacting with federal agencies.
He also noted that the order improves election integrity by ensuring accurate voter rolls, beneficial for all participating voters.
“It’s good for election integrity. It’s good for participation,” Becker stated. “This didn’t used to be controversial.”
Associated Press writer Mark Sherman in Washington contributed to this report.
