Presidential Executive Order 14019 (Joe Biden, 2021)

Executive Order 14019—Promoting Access to Voting is a presidential executive order President Joe Biden (D) issued on March 7, 2021. E.O. 14019 directs federal agencies to develop state-level voter registration programs in states that use agency services or programs. The order states that “it is the responsibility of the Federal Government to expand access to, and education about, voter registration and election information, and to combat misinformation, in order to enable all eligible Americans to participate in our democracy.”

Biden announced the order at the 2021 Martin and Coretta King Unity Breakfast. He said, “Every eligible voter should be able to vote and have it counted. If you have the best ideas, you have nothing to hide. Let the people vote.” E.O. 14019 was the 34th Biden issued.

The order contains the following provisions:

• Directs agencies to develop methods to increase voter registration opportunities and access to information, "including through agency materials, websites, online forms, social media platforms, and other points of public access."
• Supercedes Section 3 of the National Voter Registration Act in relation to federal agencies being designated as voter registration agencies, requiring an agency to submit a written explanation if the agency refuses designation as a voter registration agency.
• Directs the General Services Administration (GSA) to modify the Vote.gov website to make it more accessible, including by providing language accommodations.
• Grants federal employees time off work to participate in the electoral process, including voting and serving as election workers.
• Provides voter registration information and opportunities to eligible citizens within the Federal Bureau of Prisons.
• Directs agencies to evaluate barriers to voting for people with disabilities and publish recommendations for the removal of these barriers.
• Directs the Secretary of Defense, in coordination with the Department of State, the Military Postal Service Agency, and the United States Postal Service, to develop methods for providing voter registration opportunities for military and overseas citizens and creating a ballot tracking system for overseas voters' absentee/mail-in ballots.
• Establishes a study group focused on Native American voting rights tasked with producing a report and recommendations for improving voting access in coordination with tribal nations and other groups.

Provisions

The following sections highlight key provisions of E.O. 14094.

Voter registration and election information

E.O. 14094 directs federal, state, and local executive departments and agencies to consider methods to increase people's opportunities to register to vote and access information about the electoral process.

The order lists the following requirements for increasing voter registration opportunities and election information:

“

(a) The head of each agency shall evaluate ways in which the agency can, as appropriate and consistent with applicable law, promote voter registration and voter participation. This effort shall include consideration of: (i) ways to provide relevant information in the course of activities or services that directly engage with the public—including through agency materials, websites, online forms, social media platforms, and other points of public access—about how to register to vote, how to request a vote-by-mail ballot, and how to cast a ballot in upcoming elections; (ii) ways to facilitate seamless transition from agencies' websites directly to State online voter registration systems or appropriate Federal websites, such as Vote.gov; (iii) ways to provide access to voter registration services and vote-by-mail ballot applications in the course of activities or services that directly engage with the public, including: (A) distributing voter registration and vote-by-mail ballot application forms, and providing access to applicable State online systems for individuals who can take advantage of those systems; (B) assisting applicants in completing voter registration and vote-by-mail ballot application forms in a manner consistent with all relevant State laws; and (C) soliciting and facilitating approved, nonpartisan third-party organizations and State officials to provide voter registration services on agency premises; (iv) ways to promote and expand access to multilingual voter registration and election information, and to promote equal participation in the electoral process for all eligible citizens of all backgrounds; and (v) whether, consistent with applicable law, any identity documents issued by the agency to members of the public can be issued in a form that satisfies State voter identification laws. (b) Within 200 days of the date of this order, the head of each agency shall submit to the Assistant to the President for Domestic Policy a strategic plan outlining the ways identified under this review that the agency can promote voter registration and voter participation. (c) The Administrator of the Office of Electronic Government, Office of Management and Budget, shall, consistent with applicable law, coordinate efforts across agencies to improve or modernize Federal websites and digital services that provide election and voting information to the American people, including ensuring that Federal websites are accessible to individuals with disabilities and people with limited English proficiency. As appropriate, the Administrator of the United States Digital Service may support agencies in implementing the strategic plans directed in subsection (b) of this section.

”

National Voter Registration Act

The order contains a section that supersedes Section 3 of President Bill Clinton's (D) Executive Order 12926, signed on September 12, 1994, which implemented the National Voter Registration Act of 1993. Section 3 defines the term voter registration agency as "an office designated under section 7(a)(1) to perform voter registration activities." Section 7 includes a provision that allows states to designate federal and nongovernmental offices as voter registration agencies with the offices' agreement.

Biden's order requires an agency to submit a written explanation if the agency refuses designation as a voter registration agency and to formally notify states if they would agree to the designation.

“

(b) Each agency, if requested by a State to be designated as a voter registration agency pursuant to section 7(a)(3)(B)(ii) of the National Voter Registration Act, shall, to the greatest extent practicable and consistent with applicable law, agree to such designation. If an agency declines to consent to such designation, the head of the agency shall submit to the President a written explanation for the decision. (c) The head of each agency shall evaluate where and how the agency provides services that directly engage with the public and, to the greatest extent practicable, formally notify the States in which the agency provides such services that it would agree to designation as a voter registration agency pursuant to section 7(a)(3)(B)(ii) of the National Voter Registration Act.

”

Vote.gov

The order directs the General Services Administration (GSA), in coordination with the Election Assistance Commission and other agencies, to "modernize and improve the user experience" of Vote.gov. The order directs these agencies to seek the input of "election administrators, civil rights and disability rights advocates, Tribal Nations, and nonprofit groups that study best practices for using technology to promote civic engagement."

“

(a) GSA's efforts to modernize and improve Vote.gov shall include: (i) ensuring that Vote.gov complies, at minimum, with sections 504 and 508 of the Rehabilitation Act of 1973; (ii) ensuring that Vote.gov is translated into languages spoken by any of the language groups covered under section 203 of the Voting Rights Act anywhere in the United States; and (iii) implementing relevant provisions of the 21st Century Integrated Digital Experience Act (Public Law 115-336). (b) Within 200 days of the date of this order, GSA shall submit to the Assistant to the President for Domestic Policy a strategic plan outlining the steps to modernize and improve the user experience of Vote.gov.

”

Voting by federal employees

The order directs the director of the Office of Personnel Management to take the following actions within 200 days:

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(a) coordinate with the heads of executive agencies, as defined in 5 U.S.C. 105, to provide recommendations to the President, through the Assistant to the President for Domestic Policy, on strategies to expand the Federal Government's policy of granting employees time off to vote in Federal, State, local, Tribal, and territorial elections. Such recommendations should include efforts to ensure Federal employees have opportunities to participate in early voting. (b) Coordinate with the heads of executive agencies, as defined in 5 U.S.C. 105, to provide recommendations to the President, through the Assistant to the President for Domestic Policy, on strategies to better support Federal employees who wish to volunteer to serve as non-partisan poll workers or non-partisan observers, particularly during early or extended voting periods.

”

Voters with disabilities

The order directs the National Institute of Standards and Technology (NIST) within the Department of Commerce, in coordination with other agencies, to evaluate barriers to voting for people with disabilities:

“

Within 270 days of the date of this order, the National Institute of Standards and Technology (NIST) within the Department of Commerce shall evaluate the steps needed to ensure that the online Federal Voter Registration Form is accessible to people with disabilities. During that period, NIST, in consultation with the Department of Justice, the Election Assistance Commission, and other agencies, as appropriate, shall also analyze barriers to private and independent voting for people with disabilities, including access to voter registration, voting technology, voting by mail, polling locations, and poll worker training. By the end of the 270-day period, NIST shall publish recommendations regarding both the Federal Voter Registration Form and the other barriers it has identified.

”

Voting access for military and overseas citizens

The order directs the Secretary of Defense to develop methods for providing voter registration opportunities for military and overseas citizens.

“

(a) Within 200 days of the date of this order, the Secretary of Defense shall establish procedures, consistent with applicable law, to affirmatively offer, on an annual basis, each member of the Armed Forces on active duty the opportunity to register to vote in Federal elections, update voter registration information, or request an absentee ballot. (b) Within 200 days of the date of this order, the Secretary of Defense shall evaluate the feasibility of implementing an online system to facilitate the services described in subsection (a) of this section. (c) The Secretary of Defense, in coordination with the Department of State, the Military Postal Service Agency, and the United States Postal Service, shall take all practical steps to establish procedures to enable a comprehensive end-to-end ballot tracking system for all absentee ballots cast by military and other eligible overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. 20301 et seq. Within 200 days of the date of this order, the Secretary of Defense shall submit a report to the Assistant to the President for Domestic Policy with a strategic plan for establishing the aforementioned tracking system. (d) The head of each agency with overseas employees shall designate an employee to be responsible for coordinating with the Federal Voting Assistance Program, including to promote voter registration and voting services available to the agency's overseas employees. The Director of the Office of Management and Budget may issue guidance to assist agencies in making such designations.

”

Voter registration for people convicted of a felony

The order directs the U.S. Attorney General to provide voter registration information to eligible citizens within the Federal Bureau of Prisons.

“

(a) The Attorney General shall establish procedures, consistent with applicable law, to provide educational materials related to voter registration and voting and, to the extent practicable, to facilitate voter registration, for all eligible individuals in the custody of the Federal Bureau of Prisons. Such educational materials shall be incorporated into the reentry planning procedures required under section 4042(a)(7) of title 18, United States Code. The educational materials should also notify individuals leaving Federal custody of the restrictions, if any, on their ability to vote under the laws of the State where the individual resides and, if any such restrictions exist, the point at which the individual's rights will be restored under applicable State law. (b) The Attorney General shall establish procedures, consistent with applicable law, to ensure the United States Marshals Service includes language in intergovernmental agreements and jail contracts to require the jails to provide educational materials related to voter registration and voting, and to facilitate voting by mail, to the extent practicable and appropriate. (c) The Attorney General shall establish procedures, consistent with applicable law, for coordinating with the Probation and Pretrial Services Office of the Administrative Office of the United States Courts to provide educational materials related to voter registration and voting to all eligible individuals under the supervision of the Probation and Pretrial Services Office, and to facilitate voter registration and voting by such individuals. (d) The Attorney General shall take appropriate steps, consistent with applicable law, to support formerly incarcerated individuals in obtaining a means of identification that satisfies State voter identification laws, including as required by 18 U.S.C. 4042(a)(6)(B).

”

Native American voting rights

The order establishes a steering group focused on Native American voting rights under the direction of the Domestic Policy Council.

“

(a) There is hereby established an Interagency Steering Group on Native American Voting Rights (Steering Group) coordinated by the Domestic Policy Council. (b) The Steering Group shall be chaired by the Assistant to the President for Domestic Policy and shall include the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs or their designees. The Chair may invite the participation of the heads or senior representatives of other agencies, as the Chair determines to be helpful to complete the work of the Steering Group. The Steering Group shall consult with agencies not represented on the Steering Group to facilitate the sharing of information and best practices, as appropriate and consistent with applicable law. (c) The Steering Group shall engage in meaningful and robust consultation with Tribal Nations and Native leaders to inform the Steering Group regarding concerns and potential areas of focus for the report described in subsection (d) of this section, and to assist the Steering Group in developing that report. (d) The Steering Group shall study best practices for protecting voting rights of Native Americans and shall produce a report within 1 year of the date of this order outlining recommendations for providing such protection, consistent with applicable law, including recommendations for: (i) increasing voter outreach, education, registration, and turnout in Native American communities; increasing voting access for Native American communities (including increasing accessibility for voters with disabilities); and mitigating internet accessibility issues that may hinder voter registration and ballot access in Native American communities; (ii) increasing language access and assistance for Native American voters, including evaluating existing best practices; (iii) mitigating barriers to voting for Native Americans by analyzing and providing guidance on how to facilitate the use of Tribal government identification cards as valid voter identification in Federal, State, local, Tribal, and territorial elections; (iv) facilitating collaboration among local election officials, Native American communities, and Tribal election offices; and (v) addressing other areas identified during the consultation process. (e) The Department of the Interior shall provide administrative support for the Steering Group to the extent permitted by law.

”

Responses

Support

• Office of Personnel Management (OPM) Director Kiran Ahuja said the order "advances fundamental goals of the Biden-Harris Administration: to promote democracy, reduce barriers to voting for federal employees, and further position the federal government as a model employer for other employers to follow. OPM is proud to help lead this effort."

• White House Spokesperson Robyn Patterson said Republican objections to the order were "brought by the very people who spread debunked lies about the 2020 elections and have used those same debunked lies to advance laws across the nation that make it harder to vote and easier to undermine the will of the people."

• Former Justice Department lawyer David Becker said, "It’s being portrayed as some deep-state power grab, when in reality it’s an effort to ensure that eligible citizens who are engaging with the federal government can easily register or have their registration updated. It is as innocuous as an order gets."

Opposition

• Ohio Secretary of State Frank LaRose (R) said, "The Biden Administration is once again weaponizing federal agencies, this time to steer taxpayer resources to liberal activist groups who want to sway the election. This is a cynical attempt to turn government agencies into a Democratic turnout machine, and it’s wrong." LaRose, along with America First Policy Institute, U.S. Rep. Ronny Jackson (R), U.S. Rep. Beth Van Duyne (R), and others sued the Biden administration over the order in July 2024.

• Mississippi Secretary of State Michael Watson (R) said the order would "expend tax dollars and vital law enforcement resources on a program that risks bloating state voter rolls with ineligible and non-citizen voters."

• West Virginia Secretary of State Mac Warner (R) said, "Adding federal agencies to an already complex administrative process will make it even more challenging for election officials to ensure timely and accurate registration services before the election."

Aftermath

America First Policy Institute v. Biden (2024)

On July 11, 2024, the America First Policy Institute (AFPI) filed a lawsuit against the Biden administration and other officials challenging multiple provisions of Executive Order 14019. U.S. Reps. Ronny Jackson (R-Texas) and Beth Van Duyne (R-Texas), Ohio Secretary of State Frank LaRose (R) and former Texas state Rep. Matt Krause (R) joined API in the case. Plaintiffs argued that the order violated the Administrative Procedure Act (APA) and the National Voter Registration Act (NVRA) because it "requires the head of every federal agency to develop programs to register voters and to increase voter participation" and "tasks federal agencies with spending taxpayer funds on GOTV plans that will increase turnout for President Biden and the Democratic Party."

On September 15, 2024, the United States District Court for the Northern District of Texas issued an order denying the plaintiff's request for a temporary restraining order but deferring the original request for a preliminary injunction. The order directs the plaintiffs to "demonstrate a substantial threat that they will suffer irreparable injury if injunctive relief is denied."

Keefer v. Biden (2024)

On January 25, 2024, 24 Republican legislators in Pennsylvania sued the Biden administration in the United States District Court for the Middle District of Pennsylvania, alleging that Executive Order 14019 violated both the U.S. and Pennsylvania Constitutions. The plaintiffs said the "Department of State’s Directive was not constitutionally enacted under the Electors Clause and the Elections Clause because state legislative approval and state legislator participation were not involved."

The district court dismissed the case on March 26. On April 18, the plaintiffs appealed the ruling to the United States Court of Appeals for the Third Circuit. On October 4, 2024, the U.S. Supreme Court denied plaintiffs' request to hear the case. The justices did not provide a reason for declining to hear the case.

What is an executive order?

See also: Presidential memorandum and Presidential proclamation

An executive order is a formal command handed down from the head of the executive branch of government to the administrative agencies within the executive branch.

In the context of the federal government, the president issues executive orders to direct federal agency actions. While executive orders are legally binding, they are not laws; they are instructions on how the executive branch ought to enforce the law. These instructions must line up with existing U.S. laws and the U.S. Constitution.

Executive orders differ from other types of executive action, namely presidential proclamations and presidential memorandums. Unlike executive orders, presidential memorandums are not numbered or cataloged, and they do not require the president to cite any authority for their issuance. Proclamations direct the actions of individuals rather than government agencies and are often ceremonial.

See also

• National Voter Registration Act
• Absentee/mail-in voting
• Voter registration
• Voter identification laws by state

External links

• Executive Order 14019—Promoting Access to Voting

Footnotes

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