Republicans Challenge Biden's Voter Registration Executive Order as Unconstitutional

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ICARO Media Group
Politics
22/06/2024 17h28

In recent months, Republican lawmakers and conservative activists have intensified their scrutiny of an executive order implemented by the Biden administration three years ago, which aims to enhance voter registration across the country. They argue that the order is unconstitutional and an unwarranted intervention in the upcoming November election. This concerted effort by Republicans is evident in a recent fundraising email sent by a GOP political action committee, characterizing the order as an attempt by President Biden to mobilize federal agencies as his personal "Get-Out-The-Vote" machine.

The dispute over the executive order has seen a surge in activity as Republicans increase their opposition to the measure. A Republican-led House committee has issued subpoenas to agency directors, while a group of GOP secretaries of state have requested the Supreme Court to take up a case challenging the constitutionality of the order.

The Biden administration, however, remains steadfast in defending the voting rights of eligible citizens across the political spectrum. White House spokesperson Robyn Patterson underscored the administration's commitment to ensuring a fair and accessible voting process for all citizens, irrespective of their political affiliations.

President Biden initially issued the executive order on March 7, 2021, citing the federal government's duty to simplify and streamline the process of voter registration and voting for all eligible individuals. The order, which is to be implemented within the bounds of applicable law, called on agency leaders to formulate strategic plans within 200 days.

Specific provisions outlined in the order include updates to the federal website vote.gov to make voting information available in multiple languages. The website acts as an interface to connect visitors with state and local election offices, enabling them to initiate the voter registration process. Additionally, the order directs the Department of Defense to establish procedures that afford active-duty military personnel the opportunity to register, update voter registration details, or request an absentee ballot annually.

The order also instructs the Department of Justice to furnish educational materials regarding registration and voting to individuals in federal custody as they prepare for release, while also highlighting potential rules that may restrict their voting rights.

Critics, primarily Republicans, have raised concerns about the breadth of the order. One instance cited by Republican lawmakers was the alleged appropriation of the U.S. Department of Agriculture's Food and Nutrition Service as a platform for implementing the Biden administration's voter registration initiative. They expressed apprehension that the costs associated with providing voter registration services were being reimbursed through the Supplemental Nutrition Assistance Program at the expense of taxpayers.

However, a former White House official familiar with the order's implementation clarified that states, not federal agencies, administer the food assistance program. Additionally, the official emphasized that states were explicitly instructed to provide voter registration information under a federal law enacted years prior. The former official also pointed out that the expenses in question were deemed reimbursable due to preexisting guidance.

In response to Republican inquiries about compliance with the executive order, federal agencies have not yet published their proposals but have taken steps to adhere to its guidelines. Justin Levitt, an expert on constitutional law and former White House senior policy adviser, describes the order as groundbreaking but limited in scope. He notes that prior to President Biden's order, military recruitment offices were the only federal agencies involved in voter registration, and such involvement can only occur upon specific request from the states.

While the controversy surrounding the executive order continues to unfold, both sides remain fervent in their positions. Republicans assert that the order exceeds the administration's authority and represents the latest attempt by President Biden to influence the electoral landscape ahead of the 2024 election. However, the Biden administration maintains that the order is essential to safeguarding voting rights and countering the baseless claims of widespread voter fraud that emerged following the 2020 election.

As the debate surrounding the order intensifies, its ultimate impact on voter registration and the November election remains uncertain.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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