America First Policy Institute v. Biden

Under federal law, “it is the duty of the Federal, State, and local governments to promote the exercise” of the fundamental right to vote. 52 U.S.C. § 20501.

Consistent with that duty, on March 7, 2021, President Biden issued Executive Order No. 14019, which purpose is to “protect and promote the exercise of the right to vote, eliminate discrimination and other barriers to voting, and expand access to voter registration and accurate election information.” The Order recognized that Americans face many obstacles to voting, including “difficulties with voter registration, lack of election information, and barriers to access at polling places.”

To help mitigate those obstacles to voting, the Order, among other things, encourages federal agencies to provide accurate information about voter registration and elections to eligible voters; to serve as voter registration agencies (similar to the role played by DMVs around the country), in accordance with the National Voter Registration Act, if asked to do so by a state; and to modernize and facilitate public access to Vote.Gov, a popular website used to help Americans register to vote. Under federal law, which the Executive Order required agencies to follow, voter registration activities conducted by government agencies must remain nonpartisan. 52 U.S.C. § 20506(a)(5).

More than three years after issuance of the Executive Order, a group of plaintiffs filed a lawsuit challenging the legality of the Executive Order. The Plaintiffs consist of the American First Policy Institute, the Secretaries of State for Ohio and Montana, two local election administrators from Michigan and Wisconsin, several Republican candidates, and the state-level Republican Party from Georgia, Utah, and Michigan.

On September 10, 2024, the Plaintiffs filed a motion seeking emergency relief from the U.S. District Court in the Northern District of Texas, seeking to enjoin the Executive Order and the entire federal government’s implementation of the Order to facilitate nonpartisan voter education and registration. Plaintiffs are opposing implementation of the Executive Order and expansion of voter registration opportunities based solely on speculation, implausible conspiracies, and unwarranted deductions. Plaintiffs’ lawsuit is nothing more than a disagreement with the current Administration about promoting voter registration and voter participation in accordance with federal and state law.

Four days after the Plaintiffs’ motion, the ACLU, along with the ACLU of Texas, Asian Americans Advancing Justice, the Brennan Center for Justice, the Native American Rights Fund, and the League of Women Voters moved to intervene in the lawsuit on behalf of the League of Women Voters of the United States, Black Voters Matter, and Naeva.

The ACLU and its clients and partners simultaneously moved to dismiss the lawsuit, on multiple grounds, including that Plaintiffs cannot claim an injury based on eligible Americans registering to vote. Moreover, the Plaintiffs who are election officials in their respective jurisdictions—Suzanne Pinnow from Thornapple, Rusk County, Wisconsin; Robert Genetski from Allegan County in Michigan; Christi Jacobsen from Montana; and Frank LaRose from Ohio—cannot claim that they are “burdened” by the work of registering additional voters when that is a legally required aspect of their job.

Update: On September 15, 2024, the court denied Plaintiffs' request for an emergency temporary restraining order (TRO).