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Congresswoman Tenney, Colleagues Demand Answers from Biden Administration About Opaque Federal Election Takeover Plans

January 19, 2022

Washington, DC – Congresswoman Claudia Tenney (NY-22), Congressman Mike Garcia, founders and co-chairs of the House Election Integrity Caucus, joined with Congressman Ted Budd today to lead over thirty of their colleagues in a letter to Acting Director of the Office of Management and Budget, Shalanda Young. The letter seeks answers about President Biden’s unilateral attempt to federalize elections through an Executive Order (EO) that empowers unrelated federal agencies to craft and execute plans related to voting and elections, as well as possible involvement by far-left third-party organizations.

“Voting is one of our most sacred rights as Americans. Efforts to federalize our elections and empower shady third-party organizations to meddle in the process are not only unconstitutional, but they also diminish the power of the vote and the American people’s confidence in our electoral process. The Administration should be transparent about this order, openly address concerns regarding the role that left-wing activists played in crafting it, and immediately release any formal plans to the American people,” said Tenney.

“This EO’s strategy appears to enable the Biden administration to use federal government resources, funded by American taxpayers, to circumvent newly-passed state election integrity laws,” wrote the lawmakers. “These laws make it easier to vote and harder to cheat. The Biden Administration’s ongoing efforts to federalize state-run elections will erode these important protections.”

This letter was co-signed by Reps. Elise Stefanik (NY-21), Ann Wagner (MO-2), Scott Perry (PA-10), Glenn Grothman (WI-6), Ralph Norman (SC-5), Mary Miller (IL-15), Bill Posey (FL-8), Jody Hice (GA-10), Scott DesJarlais (TN-4), Lauren Boebert (CO-3), David Rouzer (NC-7), Michael Waltz (FL-6), Greg Steube (FL-17), Daniel Webster (FL-11), Chip Roy (TX-21), Louie Gohmert (TX-1), Ben Cline (VA-6), Marjorie Taylor Greene (GA-14), Andy Biggs (AZ-5), Ronny Jackson (TX-13), Bob Good (VA-5), Randy Weber (TX-14), Brian Babin (TX-36), Dan Bishop (NC-9), Rick Crawford (AR-1), Byron Donalds (FL-19), Cathy McMorris Rodgers (WA-5), Kat Cammack (FL-3), Warren Davidson (OH-8), Lisa McClain (MI-10), Madison Cawthorn (NC-11), Scott Fitzgerald (WI-5), and Barry Moore (AL-2).

The full text of the letter is below.

Dear Acting Director Young:

On March 7, 2021, President Biden signed Executive Order (“EO”) 14019, titled “Promoting Access to Voting.” Recognizing that this EO raises serious ethical, legal, and constitutional concerns, we are writing to request documents and answers to the questions and serious concerns outlined below.

First, the EO commands the head of every federal agency to submit to the President’s Domestic Policy Advisor, Ms. Susan Rice, a plan outlining the steps their agency will take to “promote voter registration and voter participation.” It makes no sense for agencies that do not enforce federal voting laws to engage in election-related activities. Commanding every federal agency to develop a plan to engage in this kind of election activity is a blatant overreach of power and authority.

Second, the EO mandates that all federal agencies support “approved” third-party organizations to provide voter registration services on federal agency premises located in states across the nation. Determining which third-party organizations will be approved, by whom, and based on what criteria is conveniently missing from the EO. We are concerned that agencies will not be prevented from selecting nominally-nonpartisan organizations to carry out these services.

Third, and perhaps most troubling, this EO is nearly identical to a federal election takeover plan crafted by the radical left-leaning group known as Demos. A cursory review of this EO reveals a striking similarity between what this EO calls for and the plan developed by Demos and published on their website in December 2020. What is more, the Demos plan also called for the weaponization of the DOJ to be used as a tool to attack opponents who stand in the way of attempts to federalize elections. We have already seen this take shape with the Biden DOJ’s meritless lawsuit attacking Georgia’s election integrity law, and the recent voting guidance published by the DOJ. That guidance—a thinly veiled threat against those states that are willing to stand up to this administration’s effort to federalize elections—is troubling.

This EO’s strategy appears to enable the Biden administration to use federal government resources, funded by American taxpayers, to circumvent newly-passed state election integrity laws. These laws make it easier to vote and harder to cheat. The Biden Administration’s ongoing efforts to federalize state-run elections will erode these important protections.

As Acting Director of OMB, you are aware that one of OMB’s most important responsibilities is to clear all Presidential Executive Orders prior to their issuance. In addition, you are also aware that it is OMB’s responsibility to coordinate and review all significant Federal regulatory actions such as those required by the EO. Given the serious concerns outlined above, Congress needs more information from OMB about this EO and its implementation.

To better understand this order, including its scope and legality, we request the following documents and information no later than February 28, 2022:

  1. A copy of the federal agency strategic plans created in accordance with EO 14019 submitted to your office for review. According to the EO, such plans were due on September 23, 2021. Indicate the agencies that did not submit a plan for review.
     
  2. The basis, criteria, and approval authority by which third party organizations will be approved to conduct voter registration activities on federal agency premises.
     
  3. Who specifically within OMB oversaw the approval of EO 14019?
     
  4. Who specifically within OMB is reviewing and approving the agency strategic plans prior to their passage to the President’s Domestic Policy Advisor?
     
  5. What role, if any, is OMB-OIRA Senior Counsel K. Sabeel Rahman, former President of Demos, playing in the approval or review of this EO or the accompanying strategic plans?

Thank you for your timely attention to this matter.

Sincerely,

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