In recent news, U.S. Rep. Claudia Tenney, a New York lawmaker, has raised concerns about a 3-year-old executive order signed by President Biden. Tenney, a Republican seeking re-election, claims that the order violates the law limiting federal employees from engaging in partisan political activity and requires federal offices to illegally collect ballots. However, experts on election law have refuted this interpretation, stating that the order was actually designed to promote voter registration information.
The Hatch Act, a law that limits partisan political activity by federal employees, prohibits the use of government offices and resources for political purposes. Tenney alleged on Facebook that Biden’s executive order mandates federal agencies to violate the Hatch Act and engage in illegal vote harvesting. However, the term „ballot harvesting“ or „vote harvesting“ is often used pejoratively to refer to the collection of completed absentee ballots, which is legal in many states under certain conditions.
Executive Order 14019, signed by Biden on March 7, 2021, builds upon the National Voter Registration Act of 1993, which aimed to expand voter registration opportunities at various locations, including federal agencies. The order instructs federal agencies to promote voter registration and participation through nonpartisan means, such as updating websites with information on how to register to vote and cast a ballot in upcoming elections.
Tenney’s office claimed that the executive order directs federal agencies to promote access to voting, which could potentially violate the Hatch Act. However, experts in election law have clarified that the order does not violate the Hatch Act or lead to illegal vote harvesting. The order simply authorizes federal agencies to cooperate with states to provide voter registration opportunities to all citizens.
The U.S. Office of Special Counsel has previously ruled that nonpartisan voter registration drives organized by federal agencies are allowed under the Hatch Act. Partisan drives, aimed at supporting a specific party or candidate, are prohibited. Therefore, promoting voter registration within federal agencies is not considered a partisan activity.
In conclusion, Tenney’s claim that Executive Order 14019 requires federal agencies to violate the Hatch Act and engage in illegal vote harvesting is unfounded. The order simply aims to expand voter registration activities within federal agencies in a nonpartisan manner. Therefore, this statement has been rated as „Pants on Fire“ for its lack of factual accuracy.