Biden Administration DOJ Lawsuits Against State Election Laws: Federal vs. State Authority in Voting Rights Dispute

Department of Justice emblem on the American flag.

The Biden administration’s Department of Justice is launching a series of lawsuits against states implementing election integrity measures, sparking a heated debate over federal authority in state-managed voting processes.

At a Glance

DOJ suing states like Virginia and Alabama for removing non-citizens from voter rolls
Wisconsin towns face legal challenges for using paper ballot systems
States argue these lawsuits represent federal overreach into state election management
Critics claim Biden’s Executive Order 14019 lacks constitutional authority
State officials warn of potential voter confusion from federal involvement

DOJ Lawsuits Target State Election Integrity Measures

The Department of Justice under the Biden administration has initiated multiple lawsuits against states and localities, challenging their efforts to maintain election integrity. These legal actions, occurring just months before the presidential election, have raised alarm among election integrity advocates and state officials who view them as federal overreach into state-managed voting processes.

Virginia and Alabama are at the forefront of this legal battle, facing federal pressure to keep non-citizens on their voter rolls. In Virginia, a federal judge ordered the reinstatement of over 1,500 individuals who had self-identified as non-citizens back onto the voter rolls, citing a violation of the National Voter Registration Act (NVRA). This decision came just days before a major election, sparking outrage from state officials.

“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

Constitutional Concerns and State Pushback

The legal actions stem from President Biden’s 2021 Executive Order 14019, which directs federal agencies to intervene in state election procedures. This order has been met with significant criticism, with opponents arguing that it lacks clear constitutional authority and represents unauthorized federal involvement in voting systems.

“White House has no authority to register West Virginia voters” – West Virginia Secretary of State Mac Warner

State leaders are pushing back against what they perceive as federal overreach. Virginia Governor Glenn Youngkin has announced plans to appeal the federal ruling, asserting that it undermines the state’s election integrity efforts. Similarly, Alabama faced a lawsuit for its attempts to remove non-citizens from voter rolls, with a federal judge ruling against the state.

Impact on Election Security and Transparency

The DOJ’s actions have raised concerns about the impact on election security. States are being blocked from removing non-citizens from voter rolls within 90 days of federal elections, a measure that many argue is crucial for maintaining the integrity of the electoral process. Additionally, rural Wisconsin towns have been sued for using paper ballot systems, despite arguments that these systems provide enhanced security benefits.

Transparency issues have also come to the forefront, with the Biden administration refusing to disclose implementation plans for Executive Order 14019. This lack of transparency, combined with provisions allowing third-party organizations access to federal facilities for voter registration activities, has heightened concerns among state election officials about unauthorized involvement in their voting systems.

“The federal judge is one of the Biden appointees, so we are not surprised by the ruling. It is erroneous and must be appealed.” – Cleta Mitchell

As these legal battles escalate, the tension between federal and state authority in managing elections continues to grow. With the presidential election on the horizon, the outcome of these disputes could have significant implications for the integrity and security of the voting process across the nation.