Promoting Access to Voting

[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 [www.gpo.gov]

[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

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

epartments

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:

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 Vote.gov;

(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

levant

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.

ng

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.

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 Vote.gov. The General Services

Administration (GSA) shall take steps to modernize and

improve the user experience of Vote.gov. 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 Vote.gov

shall include:

[[Page 13625]]

(i) ensuring that Vote.gov complies, at minimum, with sections 504 and 508

of the Rehabilitation Act of 1973;

(ii) ensuring that Vote.gov 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).

ng that Vote.gov complies, at minimum, with sections 504 and 508

of the Rehabilitation Act of 1973;

(ii) ensuring that Vote.gov 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 Vote.gov.

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.

o 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

ent 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.

deral 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.

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.

terials

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.

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.

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;

rican 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.

uthority 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.

(Presidential Sig.)

THE WHITE HOUSE,

March 7, 2021.

[FR Doc. 2021-05087

Filed 3-9-21; 8:45 am]

Billing code 3295-F1-P