Promoting Access to Voting, 13623-13627 [2021-05087]

Agencies

• Executive Office of the President

[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. 
                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 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

(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 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).

                    (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.
                    (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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    March 7, 2021.

[FR Doc. 2021-05087
Filed 3-9-21; 8:45 am]
Billing code 3295-F1-P