Nine States Challenge Biden’s Executive Order on Voter Registration, Citing Federal Overreach

Nine states, including Montana, have filed a federal lawsuit challenging an executive order issued by President Joe Biden that aims to enlist federal agencies in helping register residents to vote. The states argue that the order undermines their authority to control elections and view it as a federally subsidized program designed to boost Democratic and left-leaning voting blocs. The lawsuit was filed by Kansas Attorney General Kris Kobach and Montana Attorney General Austin Knudsen in a court in Wichita, Kansas.

The heart of the lawsuit revolves around Executive Order 14019, issued on March 10, 2021. The states challenging the order argue that Biden is illegally transforming various federal agencies into “voter registration organizations.” They assert that elections, including voter registration, fall solely under the jurisdiction of states, as guaranteed by the Tenth Amendment of the United States Constitution. The states further claim that the executive order is an attempt by the federal government to encroach upon state sovereignty, leaving them with no choice but to seek recourse in federal court.

The lawsuit alleges that the Biden administration concealed its plans and failed to involve the states in the decision-making process. The states also accuse the administration of asserting privilege and withholding information about the plans in response to Freedom of Information Act requests. The lawsuit lists several federal agencies, including the U.S. Treasury, the U.S. Department of Justice, and the U.S. Department of Education, as defendants.

The lawsuit argues that the National Voter Registration Act prohibits federal agencies from impeding citizens’ voting rights but emphasizes that voter registration activities are the responsibility of the states. The 41-page suit outlines various ways in which the executive order directs federal agencies to support voter registration efforts, such as providing information to eligible voters in federal custody, disseminating voter registration information at educational institutions, and designating American Job Centers as voter registration agencies.

The states contend that the federal government’s executive order not only exceeds constitutional limits but also poses a threat to their own election efforts. They argue that the vast resources of the federal government allow it to engage in voter registration activities on a scale that could overwhelm state regulations. Montana Attorney General Austin Knudsen emphasized the importance of fair elections and the states’ authority over them, stating that he will not stand by while the Biden-Harris administration employs its own agencies to register voters and disregards states’ voter registration systems.

The states also express concerns about potential fraud and the lack of proper training for various agencies involved in voter registration. They argue that the executive order fails to address the risk of fraud and implement measures to prevent it, thereby jeopardizing the integrity of state-administered elections. The lawsuit specifically highlights the need to ensure that illegal aliens do not register to vote through the plans outlined in the executive order.

In conclusion, the states assert that the executive order’s motivations are rooted in partisan interests, aimed at increasing Democratic votes. They claim that the order originated from left-wing progressive groups and serves to promote left-wing politicians and policies during elections.