Biden did not have the legal or constitutional authority to pass the executive order, and that the order violates the Administrative Procedure Act (APA)

The plaintiffs claim that Biden did not have the legal or constitutional authority to pass the executive order, and that the order violates the Administrative Procedure Act (APA), the National Voter Registration Act (NVRA) and other federal laws. First, the plaintiffs claim that the order discriminates against voting age citizens who do not interact with federal agencies and increases the opportunity for ineligible persons to register to vote, which is inconsistent with the NVRA’s clean and accurate voter roll requirement as well as NVRA’s mandate to protect the integrity of the electoral process. The plaintiffs also claim the order violates the APA, which governs how federal agencies develop and implement regulations, by requiring each agency to create its own program that increases voter registration and participation. Finally, the plaintiffs argue that the executive order unconstitutionally expands the federal government’s role in elections, which they claim does not include engaging in state registration and voter participation efforts.

They also argue that the order violates the Elections Clause of the U.S. Constitution as well as the First and 10th Amendments. They ask the court to prohibit any federal agency from implementing Executive Order 14019.

https://www.democracydocket.com/cases/texas-biden-executive-order-challenge/