
State election security efforts are facing legal hurdles from the Biden Department of Justice as the debate over federal voting protections intensifies.
At a Glance
- Biden’s DOJ challenges state election integrity laws through legal action.
- Disputes over the removal of non-citizens from voter rolls in Virginia and Alabama.
- Federal rulings require the reinstatement of certain voters, causing state officials to appeal.
- Executive Order 14019 and its implications for federal involvement in state elections raise concerns.
Federal vs. State Election Measures
The Biden administration’s DOJ is actively challenging several state and local election integrity measures. Legal actions target Virginia, Alabama, and Wisconsin for their election laws, specifically concerning the removal of non-citizens from voter rolls and the exclusive use of paper ballots. These lawsuits come as part of a broader effort to uphold federal voting protections under the National Voter Registration Act (NVRA) and the Help America Vote Act (HAVA).
In Virginia, controversy arose when a federal judge ordered the reinstatement of over 1,500 non-citizens to the voter rolls, citing a violation of the NVRA. The decision prompted Virginia Governor Glenn Youngkin to express strong opposition, declaring plans to appeal. He emphasized the threat this ruling poses to election integrity, underlining the existing state law meant to address such issues responsibly.
Alabama and Wisconsin Under Scrutiny
Alabama encountered a similar legal battle as it faced DOJ challenges over attempts to purge non-citizens from voter rolls. In Wisconsin, two rural towns were sued for not providing accessible voting machines, aligning with HAVA requirements. While the town of Lawrence settled its case, Thornapple plans to appeal the court’s decision against its use of paper balloting, a measure they argue ensures election security and reliability.
“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
The core of the DOJ’s argument centers on the perception that these state laws contravene federal statutes aimed at protecting the voting rights of all citizens, including those with disabilities. Critics of the DOJ’s approach argue that such federal challenges misinterpret the law and overreach on state jurisdictions aiming to secure their election processes from potential fraud.
Executive Order Sparks Debate
Executive Order 14019, signed by President Biden in 2021, adds another layer of complexity to this federal-state tension. The order directs federal agencies to engage more actively in voter registration and outreach, which some state officials criticize as overstepping constitutional boundaries. The order’s provisions include federal employees facilitating voting on behalf of eligible voters, a mandate that has fueled further debate over electoral autonomy and integrity.
The ramifications of these legal disputes and executive directives paint a complex picture of the future electoral landscape. As state and federal governments navigate these challenges, the core question remains whether efforts to protect election integrity align more closely with preserving voter rights or ensuring rigorous and secure electoral processes.
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