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Press Release Published: May 13, 2024

Comer, Oversight Republicans Probe Constitutionality of President Biden’s Voting Executive Order

WASHINGTON—House Committee on Oversight and Accountability Chairman James Comer (R-Ky.) and Oversight Committee Republicans are today conducting oversight of the Biden Administration’s lack of constitutional and statutory authority to enact the Executive Order on Promoting Access to Voting, E.O. 14019. In a letter to Office of Management and Budget Director Shalanda Young, the lawmakers are requesting documents and communications related to the creation and implementation of Executive Order 14019.

“…we have concerns about the lack of constitutional and statutory authority for federal agencies to engage in any activity outside the agency’s authorized mission, including federal voting access and registration activities. Our concern has been exacerbated by the continued lack of transparency from federal agencies and the White House regarding the implementation of this executive order,” the lawmakers wrote.

In June 2022, Oversight Committee and Committee on House Administration Republicans sent a letter to the U.S. General Services Administration (GSA) and U.S. Office of Personnel Management (OPM) expressing concern that the Executive Order goes beyond the power of the President and the statutory authority given to federal agencies, specifically (1) Directing federal agencies to assist states with voter registration if a state requests assistance; (2) Expanding the use of and suggesting agencies add a link to it on their websites; and (3) Proposing ways to increase federally funded government employee participation in the voting process.

“Ensuring the safe and secure administration of elections and access for all legal voters is critical, but the authority to engage in such efforts is expressly delegated to the states and the Congress by the Constitution. Even then, the Congress plays only a secondary role to the states. Executive Order 14019 raises significant challenges for our nation’s system of checks and balances that the framers carefully crafted in the Constitution to guard against attempts by the executive branch to circumvent the legislative process,” the lawmakers continued.

Read the letter to OMB Director Shalanda Young here.

READ MORE: Comer, Top House Republicans Demand Answers on Biden Administration’s Voting Executive Order