State of Texas

Texas Biden Executive Order Challenge

America First Policy Institute v. Biden

Lawsuit filed by the America First Policy Institute, Ohio Secretary of State Frank LaRose (R), U.S. Rep. Ronny Jackson (R-Texas), U.S. Rep. Beth Van Duyne (R-Texas), former Texas State Rep. Matthew Krause (R) and a Wisconsin election official challenging a pro-voting executive order passed by President Joe Biden. Executive Order 14019, which was passed in March 2021, seeks to expand voting access and eliminate barriers to voting nationwide. The plaintiffs claim that Biden did not have the legal or constitutional authority to pass the executive order, and that the order violates the Administrative Procedure Act (APA), the National Voter Registration Act (NVRA) and other federal laws. First, the plaintiffs claim that the order discriminates against voting age citizens who do not interact with federal agencies and increases the opportunity for ineligible persons to register to vote, which is inconsistent with the NVRA’s clean and accurate voter roll requirement as well as NVRA’s mandate to protect the integrity of the electoral process. The plaintiffs also claim the order violates the APA, which governs how federal agencies develop and implement regulations, by requiring each agency to create its own program that increases voter registration and participation. Finally, the plaintiffs argue that the executive order unconstitutionally expands the federal government’s role in elections, which they claim does not include engaging in state registration and voter participation efforts. 

They also argue that the order violates the Elections Clause of the U.S. Constitution as well as the First and 10th Amendments. They ask the court to prohibit any federal agency from implementing Executive Order 14019. On July 31, the plaintiffs filed their amended complaint adding an additional request, asking the court to require the U.S. Department of Homeland Security and Social Services Administration to provide them access to the Systematic Alien Verification for Entitlements (SAVE) and Social Security Number Verification Service, which the plaintiffs would use to verify the citizenship of voters on the state’s voter rolls.

STATUS: On Sept. 15, the court denied the plaintiffs’ motion for a temporary restricting order, but deferred ruling on their motion for a preliminary injunction. On Nov. 15, the court agreed to pause proceedings in light of the fact that President-elect Trump may decided to withdraw the challenged executive order.

Case Documents

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