Amendment to Executive Order 13639

Certainly! Here's a structured analysis of Executive Order 13644 in a more concise format:

Overview

Executive Order 13644, issued by President Barack Obama on May 21, 2013, seeks to amend Executive Order 13639 concerning the Presidential Commission on Election Administration. The primary aim of the amendment is to adjust the composition of the Commission by specifying the diverse backgrounds required for its members. The order stipulates that the Commission must include up to ten members appointed by the President, selected from individuals with expertise in state or local election administration, as well as representatives of successful customer service-oriented businesses.

The context of this amendment lies in efforts to enhance the efficacy and reliability of electoral processes within the United States. By diversifying the expertise in the Commission, the order aims to incorporate successful strategies from the private sector into public electoral administration to improve efficiency and voter experience. This aligns with Obama's broader policy agenda of modernizing government functions by leveraging private-sector best practices.

Furthermore, the amendment is a response to recurring issues such as long voting lines and outdated election infrastructure, which had been highlighted in previous election cycles. The Presidential Commission on Election Administration was tasked with identifying and recommending practices that could ameliorate these systemic issues, thereby reinforcing public confidence in electoral processes and outcomes.

Legal and Policy Implications

From a legal standpoint, Executive Order 13644 has clear implications for election administration policy. By explicitly redefining the criteria for Commission membership, the order indirectly influences the kind of recommendations and policies that may emerge from the Commission. This focus on diverse expertise is intended to foster innovation and adaptability in addressing electoral challenges.

The order does not directly alter statutory laws but instead operates within the bounds of presidential authority to guide the executive branch's approach to election administration. In doing so, it emphasizes the executive's role in promoting electoral integrity and responsiveness by tapping into cross-sectoral knowledge.

Policy-wise, the amendment underscores the administration's commitment to evidence-based improvements in electoral practices. By incorporating insights from the private sector, it seeks to reduce inefficiencies, drawing parallels to service improvements seen in business environments. This initiative links closely with broader administrative goals of increasing government efficiency and accountability.

Who Benefits

Election officials and administrators stand to benefit significantly from the recommendations of a Commission with expanded expertise. By drawing members with private-sector experience, the Commission could propose more innovative and efficient approaches to handling elections, easing the burden on local and state election officials.

Voters are also intended beneficiaries, as the Commission's work aims to address logistical issues such as prolonged waiting times and equipment failures. Improvements in these areas can enhance voter experience and accessibility, thereby encouraging higher electoral participation.

This order could yield benefits for technology companies and service-oriented businesses that specialize in solutions for queue management, data analytics, and customer service improvement, as their expertise becomes more relevant to the public sector.

Policymakers could also glean valuable input from a more diversely constituted Commission as they consider future legislative or regulatory changes aimed at safeguarding electoral processes.

Communities that have historically faced barriers to voting, such as marginalized and disenfranchised groups, could see positive impacts if the Commission's recommendations lead to more inclusive and efficient election systems.

Who Suffers

While the intent of the Executive Order is broadly beneficial, some groups may perceive downsides depending on its implementation. For instance, traditionalists who favor established electoral procedures might view the increased emphasis on private-sector involvement with skepticism, perceiving it as a threat to the integrity of public service ideals.

There might be concerns among advocates for election integrity about the potential influence of commercial interests in public electoral administration, questioning the impartiality of any changes proposed.

Financially constrained local and state election offices may initially struggle to implement changes recommended by the Commission due to budgetary limitations, potentially exacerbating resource disparities among jurisdictions.

Partisan actors may find the restructuring of the Commission contentious, especially if the appointment of members is perceived as being influenced by political agendas rather than purely by merit or expertise.

Critics who worry about data privacy could argue that an increased role for businesses known for their data-driven strategies might lead to privacy concerns if electoral data management becomes a focus area.

Historical Context

Executive Order 13644 fits within a broader historical context of electoral reform efforts in the United States, particularly in the wake of technological advancements and evolving voter expectations. Past administrations have periodically sought to address inefficiencies within electoral systems, and Obama's initiative reflects a continuation of these reformist efforts.

The emphasis on private-sector methodologies is part of a larger trend during the Obama administration to modernize government operations, as seen in initiatives like the U.S. Digital Service and various open government data projects aimed at increasing transparency and efficiency.

This order can also be interpreted within the framework of the administration's commitment to increasing civic engagement and reducing barriers to participation in democratic processes, areas of focus in Obama's broader policy agenda.

Historically, election commissions have evolved under different administrations to tackle emergent challenges; this amendment underscores the Obama administration's prioritization of leveraging external expertise to drive public sector innovation.

As the political landscape continues to evolve, Executive Order 13644 represents an adaptation to new challenges posed by changing demographics, technology, and voter behavior, seeking to advance the norms of electoral administration into the 21st century.

Potential Controversies or Challenges

The executive order's potential controversies include debates over the appropriate level of private-sector involvement in public administration. Critics might argue that this blurs the lines between public accountability and private profit, leading to scrutiny over the objectivity of any recommendations made by the Commission.

Legal challenges could arise if stakeholders feel that the Commission's recommendations overstep statutory boundaries or impose undue burdens on state-run election processes, potentially triggering conflicts over states' rights versus federal oversight.

Congressional pushback is another possibility, particularly if the composition of the Commission is perceived to reflect partisan biases. Legislative actors who disagree with the appointments or recommendations may attempt to curtail the Commission's influence or funding.

Enforcement challenges could stem from varied levels of commitment among states to implement changes based on the Commission’s guidance. Resistance at the state level due to perceived federal overreach could result in uneven adoption of recommendations.

Lastly, the focus on service-oriented approaches may attract criticism if not balanced with solid security measures, especially in an era where election integrity and cybersecurity are pivotal public concerns.