Case Summary
The League of Women Voters of the United States, Black Voters Matter, and Naeva (formerly known as Native American Voters Alliance) moved to intervene on behalf of voters in this lawsuit, which seeks to enjoin implementation of Executive Order No. 14019 (“Order”) and make it more difficult to register to vote. The Executive Order was first issued by President Biden on March 7, 2021, with the purpose to “protect and promote the exercise of the right to vote, eliminate discrimination and other barriers to voting, and expand access to voter registration and accurate election information” and “ensure that registering to vote and the act of voting be made simple and easy for all those eligible to do so.”
Under federal law, it is the duty of the federal, state, and local governments to promote the exercise of the fundamental right to vote. In March 2021, President Biden issued Executive Order No. 14019 (“Order”), the purpose of which was to “protect and promote the exercise of the right to vote, eliminate discrimination and other barriers to voting, and expand access to voter registration and accurate election information.” The order instructed federal agencies to consider ways to expand access to voter registration; provide accurate information about registration to voters; encourage the public’s use of vote.gov; and work with states to register voters, among other provisions.
In 2024 a group of plaintiffs, which included the America First Policy Institute, several Republican lawmakers, and a Wisconsin election official, filed a lawsuit challenging the order, alleging it violated the Administrative Procedure Act, National Voter Registration Act, and other federal laws. Plaintiffs noted that the Order requires the head of every federal agency to develop programs to register voters and to increase voter participation. The plaintiffs alleged this directive was “a blatant and unlawful effort to use taxpayer money to help elect Democratic candidates, including Vice President Kamala Harris as the presumptive nominee of the Democratic Party for President.”
The plaintiffs argued the Order was unconstitutional, stating the only “role for the Federal Government [in elections] is enacting and enforcing statutes regulating the time, place, and manner of congressional elections; appointing the day when presidential electors are chosen; and enforcing constitutional guarantees regarding due process, equal protection, and nondiscrimination on the basis of race, sex, and age. Through the Tenth Amendment, all other aspects of elections remain entrusted to the states as co-equal sovereigns.” Plaintiffs sought to enjoin agencies from implementing the Order and to have it declared unlawful by the court.
On September 14, 2024, the League of Women Voters of the United States, Black Voters Matter, and Naeva moved to intervene in the lawsuit and defend the executive order and their mission of promoting voter participation and registration.
On February 24, 2025, the plaintiffs filed a notice of voluntary dismissal, after the order was withdrawn by President Trump upon taking office on January 21, 2025.
On February 26, 2025, the court dismissed the case.
LWVUS was represented in this matter by lawyers from the ACLU, Asian Americans Advancing Justice – AAJC, Arnold & Porter Kaye Scholer LLP, the Brennan Center for Justice at NYU School of Law, the Southern Poverty Law Center, and Ryan Brown P.L.L.C.
LWV Timeline
America First Policy Institute files lawsuit
America First Policy Institute, along with Ohio Secretary of State Frank LaRose, U.S. Rep. Ronny Jackson, U.S. Rep. Beth Van Duyne, and former Texas State Rep. Matthew Krause, files a lawsuit challenging the constitutional and legal authority of President Biden to issue Executive Order 14019.
Plaintiffs move for injunctive relief
America First Policy Institute and co-plaintiffs file a motion for a temporary restraining order and preliminary injunction, arguing that they are substantially likely to succeed on the merits of at least six of their 11 claims and that early voting will commence on September 16 in Pennsylvania, at which point the alleged harms of the Executive Order would be irreversible.
Department of Justice files motion to dismiss
The United States Department of Justice files a motion to dismiss, citing lack of Article III jurisdiction, lack of plaintiff standing, lack of likelihood of success, and a failure of the plaintiffs to justify the “vague and sweeping relief that they demand.”
LWVUS moves to intervene
The League of Women Voters of the United States, along with Black Voters Matter and Naeva, files a motion to intervene in defense of the Executive Order.
President Trump revokes executive order
Upon taking office, President Trump revokes the executive order.
Plaintiffs file voluntary dismissal
After the revocation of the executive order, the plaintiffs file a notice of voluntary dismissal, asking the court to dismiss the case.
Court dismisses case
The district court dismisses the case with prejudice after the plaintiffs voluntarily dismiss their lawsuit.