The legislature alone must provide elections regulations including those relating to registration of voters, court papers say.
A group of 24 Republican legislators in Pennsylvania have filed a federal complaint against President Joe Biden, Gov. Josh Shapiro, and representatives of the Pennsylvania Department of State, saying they have usurped the authority of the legislature by changing voter registration and election rules.
The legislators say the Elections Clause and the Electors Clause of the U.S. Constitution give state legislators the sole constitutional right to determine the manner of elections, and there is no role for the president, governor, or other executive officials, such as the secretary of state, to create, rewrite, or disregard the laws established by the legislature. The group alleges they have been unconstitutionally excluded from the law-making process regulating federal elections for president and Congress.
The plaintiffs are Pennsylvania state Reps. Dawn Keefer, Timothy Bonner, Barry Jozwiak, Barbara Gleim, Joseph Hamm, Wendy Fink, Robert Kauffman, Stephanie Borowicz, Donald (Bud) Cook, Paul Michael Jones, Joseph D’Orsie, Charity Krupa, Leslie Rossi, David Zimmerman, Robert Leadbeter, Dan Moul, Thomas Jones, David Maloney, Timothy Twardzik, David Rowe, Joanne Stehr, Aaron Bernstine, Kathy Rapp, and state Sen. Cris Dush.
Their complaint in U.S. District Court for the Middle District of Pennsylvania asks a judge to declare three actions unconstitutional: a voter registration executive order made by President Biden; a voter registration action by Mr. Shapiro, and some Department of State directives. They also request that the judge issue an order prohibiting the president, governor, or state executives from making future changes to the elections process in Pennsylvania without following the legislative process.
Biden’s Executive Order
The legislature alone must provide elections regulations, including those relating to the registration of voters, the court papers say.
In 2021, President Biden signed Executive Order 14019 for “promoting access to voting,” requiring all federal agencies to develop a plan to increase voter registration and participation.
In response, the U.S. Department of Health and Human Services (HHS) announced in 2022 that federal health centers across the nation now have the discretion to participate in activities—including voter registration—that are outside the scope of the health center program project.
