Presidents/Barack Obama/Executive Order
Executive Order13639? Legally Debatable

Executive Order 13639-Establishment of the Presidential Commission on Election Administration

Issued 2013-03-28 by Barack Obama

Plain-English Overview

AI-generated summary explaining what this action does, who it affects, and why it matters

President Obama created a temporary advisory group called the Presidential Commission on Election Administration to study how voting could work better across the country. The commission consisted of up to nine experts chosen by the President, including people with experience running state or local elections and representatives from customer service-oriented businesses. Two members served as co-chairs.

The commission's job was to identify best practices and make recommendations to help eligible voters cast their ballots without undue delay and to improve the voting experience for people facing obstacles, such as military members, overseas voters, people with disabilities, and voters with limited English proficiency. The commission examined specific issues including poll worker training and recruitment, voting accessibility, voter roll management, voting machine technology, ballot design, absentee voting procedures, and emergency contingency plans. It held public meetings and consulted with federal, state, and local officials as well as outside experts.

This was an advisory commission with no regulatory power—it could only study problems and suggest solutions. The commission was required to submit a final report to the President within six months of its first public meeting and then shut down 30 days later. The General Services Administration provided administrative support for the commission's work.

AI-generated summary for educational purposes

Constitutional Analysis

How this action fits (or doesn't) within Article II authority and existing law

Executive Order 13639 ("Executive Order 13639-Establishment of the Presidential Commission on Election Administration") restructures or establishes federal entities. The stated purpose: "promote the efficient administration of Federal elections and to improve the experience of all voters, it is hereby ordered as follows: Section 1 ." The President has authority to manage the executive branch under Article II, including creating task forces, councils, and working groups within the White House. However, creating independent agencies with binding regulatory authority, or fundamentally restructuring congressionally created departments, typically requires legislative authorization.

The Reorganization Act historically provided a framework for executive reorganization subject to congressional review. Current reorganization authority is more limited. The constitutionality depends on whether this order creates White House advisory bodies (acceptable) or attempts to restructure agencies in ways that conflict with their enabling statutes (questionable).

Official Summary

Administration of Barack Obama, 2013 Executive Order 13639—Establishment of the Presidential Commission on Election Administration March 28, 2013 By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote the efficient administration of Federal elections and to improve the experience of all voters, it is hereby ordered as follows: Section 1 . Establishment . There is established the Presidential Commission on Election Administration (Commission). Sec. 2 . Membership . (a) The Commission shall be composed of not more than nine members appointed by the President. The members shall be drawn from among distinguished individuals with knowledge about or experience in the administration of State or local elections, as well as representatives of successful customer service-oriented businesses, and any other individuals with knowledge or experience determined by the President to be of value to the Commission. (b) The President shall designate two members of the Commission to serve as Co-Chairs. Sec. 3 . Mission .

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