Missouri Biden Executive Order Challenge (Ashcroft)

Lawsuit filed by Missouri Secretary of State Jay Ashcroft (R), Arkansas Secretary of State John Thurston (R), McDonald County Clerk Kimberly Bell and St. Charles County Director of Elections Kurt Bahr challenging a pro-voting executive order passed by President Joe Biden. Executive Order 14019, which was passed in March 2021, seeks to expand voting access and eliminate barriers to voting nationwide. The plaintiffs claim that the order violates state sovereignty under the 10th Amendment of the U.S. Constitution by expanding the federal government’s role in regulating the conduct of elections. The plaintiffs also argue that the order violates the Separation of Powers and Elections Clauses of the U.S. Constitution by spending and allocating funds, directing federal agencies to act beyond their designated authorities and altering the rules of federal elections, all of which the plaintiffs argue can only be done by Congress. They finally claim the order violates the Hatch Act by using the federal government’s official authority to require that federal employees help facilitate voter registration and voter participation. The plaintiffs ask the court to temporarily and permanently prohibit the enforcement of Executive Order 14019. 

On Oct. 1, this case was consolidated with State of Missouri v. Biden.

On Oct. 30, the court denied the plaintiffs’ motion for a preliminary injunction. On Nov. 4, the plaintiffs appealed the court’s decision to the 8th U.S. Circuit Court of Appeals.

STATUS: An appeal is ongoing in the 8th U.S. Circuit Court of Appeals. On Nov. 4, 2024, the court denied the plaintiffs-appellants’ motion for a temporary administrative injunction. Litigation remains ongoing in the district court and the appeals court.

Last updated: November 7, 2024 11:36 am EST