Watchdog Group Sues Department of Education over Election-Related Activities

When Joe Biden became president he promised that his administration would be the most transparent ever. He has since proven that statement to be a lie. 

Perhaps the Department of Education didn’t get the memo. It has been stonewalling a Freedom of Information Act (FOIA) request for eighteen months. Protect the Public’s Trust (PPT) filed a lawsuit against the Department of Education. The reason is if federal funds and government agencies are being used to further the aims of a political party or campaign, the public should know about it. Those agencies involved should not be withholding records about their activities.

In this case, it is an executive order signed by President Biden that allows federal agencies to participate in voter registration and other election-related activities ahead of the 2024 presidential election. How convenient. I’m sure that all potential voters will be included in this outreach, not just potential Democrat voters. What can go wrong? 

At issue is President Biden’s controversial Executive Order (EO) 14019, which allows federal agencies to participate in voter registration and other election-related activities ahead of the 2024 presidential election. Critics say the EO is a violation of the Hatch Act and a misappropriation of tax money for partisan use. The Department of Education (ED) has interpreted it to permit federal work-study (FWS) funds to be used to pay students for such activities, in a reversal of recent guidance. PPT has been seeking to obtain Education documents about the order for nearly 18 months.

The Department of Education released the result of a review last month. According to the department, the review gives the a-ok to move ahead and pay students to register voters and other get-out-the-vote work. Of course, it did.

FWS funds may be used for employment by a Federal, State, local, or Tribal public agency for civic engagement work that is not associated with a particular interest or group, consistent with 34 CFR § 675.22(b)(5). This work can include supporting broad-based get-out-the-vote activities, voter registration, providing voter assistance at a polling place or through a voter hotline, or serving as a poll worker.

However, the February 2024 review reverses an April 2022 letter from the Department of Education.

FWS funds cannot be used for employment by a Federal, State, or local public agency, or a private nonprofit organization, other than the institution, for work involving partisan or nonpartisan political activity, including party-affiliated voter registration activities, as this is expressly prohibited under 34 CFR 675.22(b)(5).

So, in September 2022, PPT filed a FOIA request with the Department of Education. It requested communications and implementation records from Education Secretary Miguel Cardona and five of his department’s key officials regarding EO 14019. 

It has been since March 2023 that PPT has had communication from the Department of Education on the FOIA request. The stonewalling continues.

PPT Director Michael Chamberlain issued a statement.  

“This is a bad look for the Department of Education,” said PPT Director Michael Chamberlain. “Not only has ED performed a 180 on guidance designed to prevent the use of federal funds for partisan purposes, but the agency also is trying to avoid its obligations under the law to provide records about this program. After a year and a half, we still don’t know when or even whether Education will produce the documents. Trust in government is at an all-time low. If it’s going to be restored, citizens must be certain that the bureaucracy works for them, and not for political purposes.”

 Republicans have to remain vigilant in the run-up to the 2024 presidential election. Joe Biden is desperate to win re-election in November. It isn’t looking good for him right now. Here he is allowing his Department of Education to pay students to register voters and other activities that traditionally are done by volunteers. Biden promised a return to normal when he was elected in 2020. This is not normal. This is corrupt and likely a violation of the Hatch Act.