A lawsuit was filed on Friday by the America First Policy Institute (AFPI) against President Joe Biden, alleging that his executive order aimed at promoting voter registration and participation is unlawful. The order, signed in March 2021, directs federal agencies to develop plans to increase voter registration and participation. However, the lawsuit claims that the order violates the Administrative Procedure Act (APA) and is an attempt to use taxpayer dollars to influence elections.
The lawsuit, 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 are seeking a preliminary and permanent injunction to stop the Biden administration from implementing the executive order.
The lawsuit alleges that the executive order is a “blatant and unlawful effort” to use taxpayer money to influence elections, citing examples of federal agencies pushing individuals to register to vote, such as the U.S. Department of Agriculture’s Rural Development program and the Small Business Administration. The suit claims that these efforts are impermissibly tailored towards individuals who are likely to vote Democratic.
In Michigan, a state critical 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. The focus on Michigan, despite having a high voter registration rate, has been questioned by lawmakers.
Pennsylvania lawmakers have also challenged the executive order, arguing that it violates the right of legislators to set the time, place, and manner in which an election shall be held. The Supreme Court has reportedly declined to consider the case, leaving the order in place for the 2024 election.
AFPI’s Chair of the Center for Election Integrity, Ken Blackwell, stated that Congress has not authorized or funded the order, and therefore, the court should enforce federal law by stopping it.
