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Biden Administration’s Voter Drive Funding Faces Legal Scrutiny

The Biden Administration’s push to use federal funds to pay college students for voter registration and get-out-the-vote efforts has sparked legal concerns. Lawyers are cautioning that this use of federal funds, intended for work-study programs, may have crossed legal boundaries. They argue that the Department of Education’s decision, based on President Biden’s executive order, may be in violation of existing laws.

The Education Department pointed to the Higher Education Act of 1965 and the Higher Education Opportunity Act of 2008, which supposedly permit the use of federal funds for activities that promote civic participation. However, legal experts, such as Hans von Spakovsky and Robert Eitel, have raised objections. They argue that the laws do not authorize the use of federal funds to pay students for engaging in voter registration activities, particularly outside of their college community. Additionally, they point out that certain states may be exempt from such requirements under the laws.

Furthermore, the lawyers contend that the Biden Administration’s initiative could possibly violate the Antideficiency Act and the Hatch Act, which regulate the use of federal funds and limit political activities of federal employees, respectively. They argue that the partisan nature of the initiative, especially considering the predominantly Democratic student demographic on college campuses, raises serious legal concerns.

In response to these legal challenges, nearly 20 Republican state attorneys general have urged the Department of Education to reverse its guidance. They argue that using taxpayer money to subsidize student-led get-out-the-vote efforts could potentially influence election outcomes, and raises serious questions about the appropriateness of using federal funds for such initiatives.

Written by Staff Reports

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