Secretary of State Mac Warner is West Virginia’s chief election official. | Office of the West Virginia Secretary of State
CHARLESTON – West Virginia Secretary of State Mac Warner says the Biden administration is trying to take over states’ voter registration processes.
After a “frustrating and confusing” conference call last week with the White House and secretaries of state from across the country, Warner announced on April 10 that he planned to “increase his strong opposition” to President Joe Biden’s executive order to expand access and voter registration and election information education.
“The White House does not have the authority to register West Virginia voters and we will not accept applications illegally collected by federal agents,” Warner said.
Pushkin | File photo
West Virginia and Mississippi are leading this push, opposing what they call “federal coverage targeting the 2024 elections.”
But the chairman of the West Virginia Democratic Party says Warner is wrong here.
“As the state’s top elections official, Secretary Warner should encourage participation in this process and instead threaten to exclude those he believes will not vote for him,” said Mike Pushkin West Virginia record. “Unfortunately, Secretary Warner has to look no further than GOP voters to find people who will not vote for him. THAT’S what it’s all about.
“This is a desperate political stunt by a failed gubernatorial candidate designed to gain attention before the primary elections. Poll after poll shows that he is far behind “undecided” in this race. Now he shows us again why he is not fit to be secretary of state, much less governor.”
In March 2021, Biden signed EO 14019, which also requires each head of a federal agency to develop voter registration plans, provide access to certain people in federal custody, and design a system to track absentee ballots under UOCAVA.
Warner argues that no such responsibility is mentioned in the U.S. Constitution, and the 10th Amendment clearly states that powers not expressly granted to the federal government by the Constitution are reserved to the states.
A year after signing the EO, Warner led a coalition of 14 other secretaries of state calling on Biden to rescind the order they deemed unconstitutional.
‘Article 1(1) 4 of the United States Constitution provides that the time, place and manner of conducting elections is the responsibility of state legislatures,” Warner said. “West Virginia will definitely not abandon our state’s obligation to impartially register voters with the federal government, nor will it accept voter registration forms collected by federal agents.
“The White House taking over the responsibilities of the state is something we will fight all the way to the Supreme Court.”
Warner also said the National Voter Registration Act mandates that states — not the federal government — are supposed to offer voter registration opportunities.
“The White House knows it cannot take over state voter registration processes,” Warner said. “Biden’s recommendation is an overreach by federal authorities. This executive order is nothing more than another attempt by the White House to strip power from states, federalize our elections, and turn voter registration into a partisan activity.
“Voter registration should be an apolitical service of individual states.”
Last week, state election officials learned that the White House was implementing voter registration rules.
“I then had the opportunity to ask a White House official about the plans submitted by each agency to implement the illegal executive order,” Mississippi Secretary of State Michael Watson said in an April 10 article. “I was told these plans were not public and were never intended to be public. So much for transparency.
Warner alleges that the White House did not consult with state election officials on developing policies and plans to implement the EO, nor did it explain the need for significant federal resources to implement its plans during the presidential election cycle.
“I have serious concerns with the White House for failing to consult with state election officials before directing federal agencies to develop and implement plans to engage in voter registration efforts in our states,” Warner said. “Now they expect us to voluntarily abandon our constitutional obligation to register voters in the manner recommended by state legislatures.”
Warner also calls the timing of the announcement “disgusting.”
“Biden issued his first order three years ago in 2021 and they have been working behind closed doors until now,” he said. “Their lack of transparency and coordination is appalling. Now that it is an election year, they are implementing their plan to create over 600 federal agency voter registration centers and are trying to do so without explanation or legal justification.
“This is Biden’s attempt to improperly influence the outcome of the November general election. The timing of the White House implementation is not accidental. This is blatant election interference. West Virginia won’t take it.”
Warner says the plan will “replicate the excellent work our district officials do every day.”
“They will also worsen problems such as voter disenfranchisement, voter rolls filled with duplicate registrations, voter confusion, delays in local processing and separation of powers,” Warner said. “Adding federal agencies to an already complex administrative process will make it even more difficult for election officials to provide timely and accurate election registration services.”
