The Biden administration’s Department of Justice (DOJ) is taking legal action against states and towns over election integrity measures, sparking controversy and debate over federal voting laws.
At a Glance
- DOJ is suing states and municipalities over election integrity efforts ahead of the 2024 presidential election.
- Lawsuits target Virginia, Alabama, and Wisconsin towns for voter roll purges and paper ballot usage.
- Federal judges have ordered states to reinstate non-citizens on voter rolls, citing violations of national voting laws.
- Critics argue the DOJ’s actions misinterpret the law and undermine election integrity efforts.
- Concerns raised about potential partisan interference in the election process through executive orders.
DOJ’s Legal Challenges Against State Election Measures
The Biden administration’s Department of Justice has launched a series of legal challenges against various states and municipalities over their recently implemented election integrity measures. These lawsuits, filed against Virginia, Alabama, and rural Wisconsin towns, focus on issues such as the removal of non-citizens from voter rolls and the exclusive use of paper ballots.
In Virginia, a federal judge ordered the state to reinstate over 1,500 non-citizens on voter rolls, citing a violation of the National Voter Registration Act (NVRA). This decision came just days before a major election, sparking outrage among state officials.
“Let’s be clear about what just happened: only eleven days before a Presidential election, a federal judge ordered Virginia to reinstate over 1,500 individuals – who self-identified themselves as noncitizens – back onto the voter rolls. Almost all these individuals had previously presented immigration documents confirming their noncitizen status, a fact recently verified by federal authorities.” Virginia GOP Gov. Glenn Youngkin
Similarly, Alabama faced a lawsuit for its attempts to remove non-citizens from voter rolls, with a federal judge ruling against the state. The DOJ argues that the NVRA prevents the systematic removal of ineligible voters within 90 days of a federal election.
Wisconsin Towns Under Fire for Paper Ballot Usage
In Wisconsin, the DOJ sued two rural towns for not providing accessible voting machines for voters with disabilities, as required by the Help America Vote Act (HAVA). The town of Lawrence settled with the DOJ, while Thornapple is appealing a court decision against its use of paper ballots.
Critics argue that the DOJ’s actions misinterpret the law and target jurisdictions trying to ensure election integrity. They contend that these measures are legitimate and critical for preventing unlawful voting.
Controversial Executive Order Raises Concerns
Adding to the controversy is President Joe Biden’s 2021 Executive Order 14019, which has faced criticism for potentially unlawful, partisan interference in the election process. The order directs federal agencies to promote voter registration and participation, including distributing forms and assisting with applications.
Critics argue that the executive branch lacks constitutional or statutory authority to engage in voter registration and absentee ballot activities, with few exceptions. The order is said to violate multiple federal laws and could intimidate or coerce the public interacting with federal agencies.
Lack of Transparency and Potential Legal Issues
There is a notable lack of transparency regarding the strategic plans for implementing the executive order, with the Biden Administration refusing to disclose them. This has led to resistance from secretaries of state in several states, who warn that it could duplicate efforts and confuse citizens.
Legal experts point out potential violations of federal laws, including the Anti-Deficiency Act, by using federal resources without congressional authorization. Additionally, federal employees and third-party organizations involved in the order’s activities may be violating federal laws, including the NVRA.
As the 2024 presidential election approaches, the ongoing legal battles between the DOJ and various states highlight the intense debate over federalism and election security. The outcome of these challenges could have significant implications for how states manage their voter rolls and implement election integrity measures in the future.
Sources:
- Biden DOJ fights election integrity efforts with lawsuits across the country ahead of the election
- Biden Executive Order 14019: Unlawful Interference in State Election Administration
- Federal judge issues order to pause, reverse Virginia voter purge
