The White House did not respond to the initial inquiry in May 2023 requesting a full accounting of all federal funding used to implement Executive Order 14019

WASHINGTON, D.C.—Senator Rick Scott joined Senator Bill Hagerty (R-TN) and their colleagues in sending a letter to President Joe Biden reiterating concerns over the White House’s refusal to respond to the Senators’ previous demands for transparency regarding the use of American taxpayer dollars to implement Executive Order 14019. The Executive Order instructed federal agencies to engage in voter mobilization and submit to the White House a plan for doing so, and is a potential violation of the Antideficiency Act that prohibits agencies from expending federal funds without Congressional authorization.

The senators wrote, “We are concerned by your failure to respond to our previous inquiry on May 10, 2023, regarding Executive Order 14019 on ‘Promoting Access to Voting.’ This policy directive merits congressional oversight both as a general matter and under the Antideficiency Act. Accordingly, we write to reiterate our request for information regarding the implementation of this executive order, including copies of the plans submitted to the White House.”

The senators continued, “Federal agencies should be focused on their defined missions in a nonpartisan manner, not using taxpayer funds for voter mobilization efforts with potentially partisan impacts. In other words, it’s not the job of the federal government to drive voter turnout.”

In order to determine the voter mobilization and electioneering activities to which the Biden Administration has devoted taxpayer resources, the senators once again requested that the Biden Administration provide the American people the following basic information:

1. Copies of all federal agency “strategic plans” required under the Order and a list of which agencies have not yet submitted a strategic plan;
2. The strategic plan required by the General Services Administration under the Order;
3. The recommendations provided by the Office of Personnel Management under the Order; and
4. All procedures established by the Attorney General under the Order.

Co-signers of the letter include Senate Republican Leader Mitch McConnell (R-KY) along with Senators Deb Fischer (R-NE), Cynthia Lummis (R-WY), Ron Johnson (R-WI), Ted Budd (R-NC), Shelley Moore Capito (R-WV), Ted Cruz (R-TX), Katie Britt (R-AL), Roger Wicker (R-MS), Mike Lee (R-UT), Mike Braun (R-IN), J.D. Vance (R-OH), James Lankford (R-OK), Bill Cassidy (R-LA), Roger Marshall (R-KS), Tom Cotton (R-AR), Kevin Cramer (R-ND), Cindy Hyde-Smith (R-MS), Jim Risch (R-ID), Steve Daines (R-MT), and Mike Crapo (R-ID).

A copy of the letter can be found here and below.

Dear Mr. President:

We are concerned by your failure to respond to our previous inquiry on May 10, 2023, regarding Executive Order 14019 on “Promoting Access to Voting.”  This policy directive merits congressional oversight both as a general matter and under the Antideficiency Act.  Accordingly, we write to reiterate our request for information regarding the implementation of this executive order, including copies of the plans submitted to the White House.

Executive Order 14019 instructs federal agencies to engage in voter mobilization and submit a plan for doing so to the White House by September 2021.  The Order outlines various activities in which agencies are to engage, including promoting mail-in voting and partnering with third-party organizations to register voters. Federal agencies should be focused on their defined missions in a nonpartisan manner, not using taxpayer funds for voter mobilization efforts with potentially partisan impacts.  In other words, it’s not the job of the federal government to drive voter turnout.  Reviewing these agency plans is crucial to determining whether this order has or may lead to the improper use of federal resources.

Executive Order 14019 directs more than 600 federal agencies to engage in voter-related activities without congressional approval, and it is doubtful that Congress approved the use of appropriated agency funds for voter mobilization.  Using appropriated funds for a purpose that Congress did not expressly authorize would constitute a violation of the Antideficiency Act (31 U.S.C. § 1341(a)(1)(A)), which prohibits agencies from expending or obligating funds in a manner not authorized by law.  Violating this statute carries administrative and potential criminal penalties, highlighting the need for transparency. Unfortunately, the White House has kept these plans hidden despite numerous requests from Congress.

The initial deadline for providing this information was May 23, 2023, so the response is now 27 weeks overdue.

So that Congress can determine the voter mobilization and electioneering activities to which your Administration has devoted taxpayer resources, we respectfully request the following information developed in accordance with Executive Order 14019 as soon as possible:

1. Full copies of all federal agency “strategic plans” required under Section 3 and a list of which agencies have not yet submitted a strategic plan;
2. The strategic plan required by the General Services Administration under Section 5;
3. The recommendations provided by the Office of Personnel Management under Section 6; and
4. All procedures established by the Attorney General under Section 9.

Furthermore, we respectfully request a full accounting of all federal funding used to date to implement Executive Order 14019, including the accounts from which the funding was used. 

Sincerely,

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