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A group of conservative Pennsylvania lawmakers have filed suit against President Joe Biden and Gov. Josh Shapiro over their use of executive authority in election matters.
In the 33-page complaint filed in U.S. Middle District Court, the Pennsylvania Freedom Caucus asks the court to halt activities authorized through executive orders that expand voter registration and outreach.
They claim the orders are unconstitutional in that they removed guardrails legislators put in place to ensure fair elections and deprive legislators of their civil rights.
Rep. Dawn Keefer, R-York County, who heads the Pennsylvania Freedom Caucus, said in a statement, “The citizens of Pennsylvania have been victimized by extraordinary overreach of executive officials who have made changes to election laws with no authority to do so.”
She added: “If we don’t take action to stop this, there is no limit to the changes they might make to further erode Pennsylvania’s election system in 2024 and beyond.”
Joining her in this lawsuit against Biden, Shapiro, Secretary of State Al Schmidt and Deputy Secretary for Elections and Commissions Jonathan Marks are 22 other GOP representatives and Sen. Cris Dush, R-Jefferson County.
Attempts to get responses from the governor’s office and the U.S. Department of Justice were not immediately successful.
In the lawsuit, lawmakers maintain the U.S. Constitution assigns state legislators the right to determine the manner of elections.
They accuse Shapiro of “an abusive and capricious exercise of executive power” when he announced on Sept. 18 that individuals getting or renewing their license from PennDOT would be taken through the voter registration process automatically. Previously, drivers had to opt in to that process.
At the time Shapiro said automatic registration would enhance accuracy and security of the state’s voter rolls, while saving taxpayers’ time and money and reducing the processing burden on county election officials.
Republican lawmakers balked at this move, accusing Shapiro of an overreach.
Shapiro has said his authority to make this change rested in the federal motor-voter law that grants the administration the authority to determine how to implement this simultaneous voter and drive application.
The suit also challenges a Biden executive order requiring federal agencies, including those in Pennsylvania, to partner with organizations chosen by his administration to increase voter registration and participation.
The lawmakers claim this runs counter to a 2022 state law that bans private money being used to fund election administration, as well as a U.S. Election Assistance Commission advisory opinion stating federal funds should not be used for voter registration drives.
Lastly, they argue that a 2018 Department of State directive to counties to register voters even if they don’t provide a valid driver’s license number or the last four digits of their Social Security number violates state and federal law and is a “per se violation of legislators’ federal rights” to determine the manner of elections.
“Rule changes by executive officials who lack authority to do so are severely damaging the separation of powers and the electoral system on which our self-governance so heavily depends,” the lawsuit states.
It goes on to say the lawmakers “seek to protect their constitutional rights and put an end to these unlawful executive actions before the consequences become catastrophic.”
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