Newsletter: Executive order attempts to seize authority over election processes
President attempts federal takeover of election processes
Local and state governments have long held the authority to run elections. The US Constitution dictates that states have the power to determine the “time, place, and manner” of elections. Congress may override these laws, and then only at the federal level.
On Tuesday, the president issued a broad and unprecedented 10+ page executive order undermining the states’ authority and bypassing congressional approval.
The March 25th executive order, titled “Preserving and Protecting the Integrity of American Elections” amounts to an attempted federal takeover of election technology and processes on a state and local level. There are no provisions in the Constitution that give the president power to take such action. The president’s administration has defended the power grab by repeating debunked election lies and denigrating the work of election administrators.
The executive order would require new voter documentation procedures, changes in ballot deadlines, replacing election equipment, educating the public on the sweeping changes, and more. Even setting legality aside, CEIR Executive Director David Becker estimates that implementing this executive order could cost state taxpayers billions of dollars.
Aspects of the executive order, particularly the documentary proof of citizenship provision, are reminiscent of current bills, such as the SAVE Act, which faces an uphill battle in the Senate. But rather than allowing the legislative process to unfold, the president issued an executive order in an attempt to push the policy into law.
Will the president’s executive order survive the inevitable legal challenges to come? Becker says it is unlikely, telling the Associated Press “This cannot be done through executive action.” Watch Becker’s interview with CBS below for more information on whether the order could stand up in court.
Meet our new board members: Deborah Enix-Ross and Elizabeth Yang
As CEIR looks at challenges to public trust in elections this year and beyond, we are thrilled to welcome two new board members, Deborah Enix-Ross and Elizabeth Yang, who will help us continue to rise to the occasion and grow our capacity and influence in the field.
Deborah Enix-Ross is a leader and pioneer in the legal field. She is currently serving as a Senior Advisor on Global Engagement for the International Dispute Resolution Group and is a member of the firm’s ESG Group. Enix-Ross is a past president of the American Bar Association (ABA) and has been called a “change maker who uses her empathy, insight and savvy to make the world a better, more equitable place.” She has repeatedly used her voice to defend the integrity of elections and the electoral process, and she often encourages her colleagues in the legal field to take part in the process and join her in serving as a poll worker.
Elizabeth Yang is an election law expert and passionate defender of democracy. She is currently serving as the founder and president of WStrong LLC. In her career, she spent over two decades as the director of the ABA Standing Committee on Election Law and currently serves as co-reporter for the ABA Task Force for Democracy. She has been a strong advocate for supporting election workers, reforming election law, democracy, and upholding the rule of law.
Yang shared “I am honored and excited to be a part of CEIR’s vitally important work and the Election Official Legal Defense Network. I am very much looking forward to bringing my career long commitment, to ensure that all citizens have access to the ballot box, understand that our elections are sound and reliable and poll workers and election administrators stand selflessly on the frontlines of our democracy, in furtherance of CEIR’s mission to support elections that voters should — and do — trust.”
Executive Director David Becker said “CEIR is privileged to add these two accomplished advocates for American democracy to our board. Deborah and Elizabeth bring a wealth of experience and a passion for the American experiment, and the public servants who give us all a voice. Their advice and wisdom will help guide CEIR during these challenging times.”
DC prosecutor’s ‘election accountability’ unit has unclear jurisdiction, authority
Interim District of Columbia US Attorney Ed Martin has frequently repeated election lies, sharing disproven narratives about voter fraud in 2020. Now, he has formed a special “Election Accountability” unit, which he claims will “make sure that all the election laws of our country are obeyed.”
Martin’s role limits his authority to the District of Columbia. Executive Director David Becker told Talking Points Memo, “He seems to be misunderstanding his jurisdiction and the federal laws around elections and voting, and without more information, it’s unclear what is being done here other than furthering conspiracy theories that he’s embraced in the past.”