Presidential DocumentExecutive Order 140192021-05087
Promoting Access to Voting
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Published
March 10, 2021
Signed
March 7, 2021
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 86 Issue 45 (Wednesday, March 10, 2021)</title>
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[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Presidential Documents]
[Pages 13623-13627]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-05087]
Presidential Documents
Federal Register / Vol. 86 , No. 45 / Wednesday, March 10, 2021 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 13623]]
Executive Order 14019 of March 7, 2021
Promoting Access to Voting
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. Purpose. The right to vote is the foundation
of American democracy. Free and fair elections that
reflect the will of the American people must be
protected and defended. But many Americans, especially
people of color, confront significant obstacles to
exercising that fundamental right. These obstacles
include difficulties with voter registration, lack of
election information, and barriers to access at polling
places. For generations, Black voters and other voters
of color have faced discriminatory policies and other
obstacles that disproportionally affect their
communities. These voters remain more likely to face
long lines at the polls and are disproportionately
burdened by voter identification laws and limited
opportunities to vote by mail. Limited access to
language assistance remains a barrier for many voters.
People with disabilities continue to face barriers to
voting and are denied legally required accommodations
in exercising their fundamental rights and the ability
to vote privately and independently. Members of our
military serving overseas, as well as other American
citizens living abroad, also face challenges to
exercising their fundamental right to vote.
The Constitution and laws of the United States prohibit
racial discrimination and protect the right to vote.
The Voting Rights Act of 1965 and other Federal
statutes implement those protections and assign the
Federal Government a key role in remedying
disenfranchisement and unequal access to the polls. In
passing the National Voter Registration Act of 1993,
the Congress found that it is the duty of Federal,
State, and local governments to promote the exercise of
the fundamental right to vote. Executive departments
and agencies (agencies) should partner with State,
local, Tribal, and territorial election officials 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. It is our duty to ensure that
registering to vote and the act of voting be made
simple and easy for all those eligible to do so.
Sec. 2. Policy. It is the policy of my Administration
to promote and defend the right to vote for all
Americans who are legally entitled to participate in
elections. It is the responsibility of the Federal
Government to expand access to, and education about,
voter registration and election information, and to
combat misinformation, in order to enable all eligible
Americans to participate in our democracy.
Sec. 3. Expanding Access to Voter Registration and
Election Information. Agencies shall consider ways to
expand citizens' opportunities to register to vote and
to obtain information about, and participate in, the
electoral process.
(a) The head of each agency shall evaluate ways in
which the agency can, as appropriate and consistent
with applicable law, promote voter registration and
voter participation. This effort shall include
consideration of:
(i) ways to provide relevant information in the course of activities or
services that directly engage with the public--including through agency
materials, websites, online forms, social media platforms, and other points
of public access--about how to register to vote, how to request a vote-by-
mail ballot, and how to cast a ballot in upcoming elections;
[[Page 13624]]
(ii) ways to facilitate seamless transition from agencies' websites
directly to State online voter registration systems or appropriate Federal
websites, such as <a href="http://Vote.gov">Vote.gov</a>;
(iii) ways to provide access to voter registration services and vote-by-
mail ballot applications in the course of activities or services that
directly engage with the public, including:
(A) distributing voter registration and vote-by-mail ballot application
forms, and providing access to applicable State online systems for
individuals who can take advantage of those systems;
(B) assisting applicants in completing voter registration and vote-by-
mail ballot application forms in a manner consistent with all relevant
State laws; and
(C) soliciting and facilitating approved, nonpartisan third-party
organizations and State officials to provide voter registration services on
agency premises;
(iv) ways to promote and expand access to multilingual voter registration
and election information, and to promote equal participation in the
electoral process for all eligible citizens of all backgrounds; and
(v) whether, consistent with applicable law, any identity documents issued
by the agency to members of the public can be issued in a form that
satisfies State voter identification laws.
(b) Within 200 days of the date of this order, the
head of each agency shall submit to the Assistant to
the President for Domestic Policy a strategic plan
outlining the ways identified under this review that
the agency can promote voter registration and voter
participation.
(c) The Administrator of the Office of Electronic
Government, Office of Management and Budget, shall,
consistent with applicable law, coordinate efforts
across agencies to improve or modernize Federal
websites and digital services that provide election and
voting information to the American people, including
ensuring that Federal websites are accessible to
individuals with disabilities and people with limited
English proficiency. As appropriate, the Administrator
of the United States Digital Service may support
agencies in implementing the strategic plans directed
in subsection (b) of this section.
Sec. 4. Acceptance of Designation Under the National
Voter Registration Act. (a) This order shall supersede
section 3 of Executive Order 12926 of September 12,
1994 (Implementation of the National Voter Registration
Act of 1993).
(b) Each agency, if requested by a State to be
designated as a voter registration agency pursuant to
section 7(a)(3)(B)(ii) of the National Voter
Registration Act, shall, to the greatest extent
practicable and consistent with applicable law, agree
to such designation. If an agency declines to consent
to such designation, the head of the agency shall
submit to the President a written explanation for the
decision.
(c) The head of each agency shall evaluate where
and how the agency provides services that directly
engage with the public and, to the greatest extent
practicable, formally notify the States in which the
agency provides such services that it would agree to
designation as a voter registration agency pursuant to
section 7(a)(3)(B)(ii) of the National Voter
Registration Act.
Sec. 5. Modernizing <a href="http://Vote.gov">Vote.gov</a>. The General Services
Administration (GSA) shall take steps to modernize and
improve the user experience of <a href="http://Vote.gov">Vote.gov</a>. In determining
how to do so, GSA shall coordinate with the Election
Assistance Commission and other agencies as
appropriate, and seek the input of affected
stakeholders, including election administrators, civil
rights and disability rights advocates, Tribal Nations,
and nonprofit groups that study best practices for
using technology to promote civic engagement.
(a) GSA's efforts to modernize and improve <a href="http://Vote.gov">Vote.gov</a>
shall include:
[[Page 13625]]
(i) ensuring that <a href="http://Vote.gov">Vote.gov</a> complies, at minimum, with sections 504 and 508
of the Rehabilitation Act of 1973;
(ii) ensuring that <a href="http://Vote.gov">Vote.gov</a> is translated into languages spoken by any of
the language groups covered under section 203 of the Voting Rights Act
anywhere in the United States; and
(iii) implementing relevant provisions of the 21st Century Integrated
Digital Experience Act (Public Law 115-336).
(b) Within 200 days of the date of this order, GSA
shall submit to the Assistant to the President for
Domestic Policy a strategic plan outlining the steps to
modernize and improve the user experience of <a href="http://Vote.gov">Vote.gov</a>.
Sec. 6. Increasing Opportunities for Employees to Vote.
It is a priority of my Administration to ensure that
the Federal Government, as the Nation's largest
employer, serves as a model employer by encouraging and
facilitating Federal employees' civic participation.
Accordingly, the Director of the Office of Personnel
Management shall take the following actions within 200
days of the date of this order:
(a) coordinate with the heads of executive
agencies, as defined in 5 U.S.C. 105, to provide
recommendations to the President, through the Assistant
to the President for Domestic Policy, on strategies to
expand the Federal Government's policy of granting
employees time off to vote in Federal, State, local,
Tribal, and territorial elections. Such recommendations
should include efforts to ensure Federal employees have
opportunities to participate in early voting.
(b) Coordinate with the heads of executive
agencies, as defined in 5 U.S.C. 105, to provide
recommendations to the President, through the Assistant
to the President for Domestic Policy, on strategies to
better support Federal employees who wish to volunteer
to serve as non-partisan poll workers or non-partisan
observers, particularly during early or extended voting
periods.
Sec. 7. Ensuring Equal Access for Voters with
Disabilities. Within 270 days of the date of this
order, the National Institute of Standards and
Technology (NIST) within the Department of Commerce
shall evaluate the steps needed to ensure that the
online Federal Voter Registration Form is accessible to
people with disabilities. During that period, NIST, in
consultation with the Department of Justice, the
Election Assistance Commission, and other agencies, as
appropriate, shall also analyze barriers to private and
independent voting for people with disabilities,
including access to voter registration, voting
technology, voting by mail, polling locations, and poll
worker training. By the end of the 270-day period, NIST
shall publish recommendations regarding both the
Federal Voter Registration Form and the other barriers
it has identified.
Sec. 8. Ensuring Access to Voting for Active Duty
Military and Overseas Citizens. (a) Within 200 days of
the date of this order, the Secretary of Defense shall
establish procedures, consistent with applicable law,
to affirmatively offer, on an annual basis, each member
of the Armed Forces on active duty the opportunity to
register to vote in Federal elections, update voter
registration information, or request an absentee
ballot.
(b) Within 200 days of the date of this order, the
Secretary of Defense shall evaluate the feasibility of
implementing an online system to facilitate the
services described in subsection (a) of this section.
(c) The Secretary of Defense, in coordination with
the Department of State, the Military Postal Service
Agency, and the United States Postal Service, shall
take all practical steps to establish procedures to
enable a comprehensive end-to-end ballot tracking
system for all absentee ballots cast by military and
other eligible overseas voters under the Uniformed and
Overseas Citizens Absentee Voting Act, 52 U.S.C. 20301
et seq. Within 200 days of the date of this order, the
Secretary of Defense shall submit a report to the
Assistant to the President for Domestic Policy with a
strategic plan for establishing the aforementioned
tracking system.
[[Page 13626]]
(d) The head of each agency with overseas employees
shall designate an employee to be responsible for
coordinating with the Federal Voting Assistance
Program, including to promote voter registration and
voting services available to the agency's overseas
employees. The Director of the Office of Management and
Budget may issue guidance to assist agencies in making
such designations.
Sec. 9. Ensuring Access to Voter Registration for
Eligible Individuals in Federal Custody. (a) The
Attorney General shall establish procedures, consistent
with applicable law, to provide educational materials
related to voter registration and voting and, to the
extent practicable, to facilitate voter registration,
for all eligible individuals in the custody of the
Federal Bureau of Prisons. Such educational materials
shall be incorporated into the reentry planning
procedures required under section 4042(a)(7) of title
18, United States Code. The educational materials
should also notify individuals leaving Federal custody
of the restrictions, if any, on their ability to vote
under the laws of the State where the individual
resides and, if any such restrictions exist, the point
at which the individual's rights will be restored under
applicable State law.
(b) The Attorney General shall establish
procedures, consistent with applicable law, to ensure
the United States Marshals Service includes language in
intergovernmental agreements and jail contracts to
require the jails to provide educational materials
related to voter registration and voting, and to
facilitate voting by mail, to the extent practicable
and appropriate.
(c) The Attorney General shall establish
procedures, consistent with applicable law, for
coordinating with the Probation and Pretrial Services
Office of the Administrative Office of the United
States Courts to provide educational materials related
to voter registration and voting to all eligible
individuals under the supervision of the Probation and
Pretrial Services Office, and to facilitate voter
registration and voting by such individuals.
(d) The Attorney General shall take appropriate
steps, consistent with applicable law, to support
formerly incarcerated individuals in obtaining a means
of identification that satisfies State voter
identification laws, including as required by 18 U.S.C.
4042(a)(6)(B).
Sec. 10. Establishing a Native American Voting Rights
Steering Group. (a) There is hereby established an
Interagency Steering Group on Native American Voting
Rights (Steering Group) coordinated by the Domestic
Policy Council.
(b) The Steering Group shall be chaired by the
Assistant to the President for Domestic Policy and
shall include the Attorney General, the Secretary of
the Interior, the Secretary of Agriculture, the
Secretary of Labor, the Secretary of Health and Human
Services, and the Secretary of Veterans Affairs or
their designees. The Chair may invite the participation
of the heads or senior representatives of other
agencies, as the Chair determines to be helpful to
complete the work of the Steering Group. The Steering
Group shall consult with agencies not represented on
the Steering Group to facilitate the sharing of
information and best practices, as appropriate and
consistent with applicable law.
(c) The Steering Group shall engage in meaningful
and robust consultation with Tribal Nations and Native
leaders to inform the Steering Group regarding concerns
and potential areas of focus for the report described
in subsection (d) of this section, and to assist the
Steering Group in developing that report.
(d) The Steering Group shall study best practices
for protecting voting rights of Native Americans and
shall produce a report within 1 year of the date of
this order outlining recommendations for providing such
protection, consistent with applicable law, including
recommendations for:
(i) increasing voter outreach, education, registration, and turnout in
Native American communities; increasing voting access for Native American
communities (including increasing accessibility for voters with
disabilities);
[[Page 13627]]
and mitigating internet accessibility issues that may hinder voter
registration and ballot access in Native American communities;
(ii) increasing language access and assistance for Native American voters,
including evaluating existing best practices;
(iii) mitigating barriers to voting for Native Americans by analyzing and
providing guidance on how to facilitate the use of Tribal government
identification cards as valid voter identification in Federal, State,
local, Tribal, and territorial elections;
(iv) facilitating collaboration among local election officials, Native
American communities, and Tribal election offices; and
(v) addressing other areas identified during the consultation process.
(e) The Department of the Interior shall provide
administrative support for the Steering Group to the
extent permitted by law.
Sec. 11. Definition. Except as otherwise defined in
section 6 of this order, ``agency'' means any authority
of the United States that is an ``agency'' under 44
U.S.C. 3502(1), other than those considered to be
independent regulatory agencies, as defined in 44
U.S.C. 3502(5).
Sec. 12. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
March 7, 2021.
[FR Doc. 2021-05087
Filed 3-9-21; 8:45 am]
Billing code 3295-F1-P
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</html>Indexed from Federal Register on March 10, 2021.
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