Are these get-out-the-vote tactics illegal? Inside Pa. Republicans' federal lawsuit claims

Arch-conservatives in the Pennsylvania Legislature are claiming that get-out-the-vote efforts from the state's governor and the president represent an unconstitutional power grab.

In a federal lawsuit filed with the Middle District of Pennsylvania, state Rep. Dawn Keefer (R-York) of the Pennsylvania Freedom Caucus and nearly two dozen other Republican lawmakers say they've been improperly excluded their role in the lawmaking process related to federal elections. A total of 24 GOP legislators — 23 representatives and one senator — are named as plaintiffs.

"Rule changes by executive officials who lack authority to do so are severely damaging the separation of powers and the electoral system on which our self-governance so heavily depends," attorneys for the legislators wrote in their civil suit.

Defendants in the suit, in addition to U.S. President Joe Biden and Pennsylvania Gov. Josh Shapiro, are Secretary of the Commonwealth Al Schmidt and Jonathan Marks, the state's deputy secretary for elections and commissions.

Shapiro spokesman Manuel Bonder characterized the suit as frivolous.

"This administration looks forward to once again defending our democracy in court against those advancing extreme, undemocratic legal theories," Bonder said in an email.

The attorneys for the Republican plaintiffs are known for being involved in unsuccessful challenges to the 2020 election results, a campaign headlined by former U.S. President Donald Trump and allies.

What is the Freedom Caucus trying to do?

Citing a section of the U.S. Constitution delegating the "times, places and manners" of congressional elections to state lawmakers, Keefer and company list three counts in their lawsuit against executive branch officials.

First, they claim that federal Executive Order 14019 of March 7, 2021, contradicts a commonwealth law prohibiting the "influence of third-party entities in elections." The lawsuit notes that Biden's order requires government agencies to dole out voter registration and vote-by-mail application forms and to assist people in completing those forms — services, they say, that are typically conducted by private parties such political organizations, campaigns and elected officials.

The second count involves Shapiro's unilateral decision to implement automatic voter registration.

On Sept. 19, Shapiro issued an order for people to be registered to vote when they are issued a driver's license or ID unless they opt out. The suit's plaintiffs said this "edict is an abusive and capricious exercise of executive power which usurps the function of the Pennsylvania legislature."

Their third count targets a 2018 directive to counties across the state.

Through the suit, GOP lawmakers said the commonwealth's Department of State has told counties to register would-be voters as long as they affirm that they meet age, citizenship and residency requirements. They claim that a valid ID isn't required under this guidance.

The legislators are asking the court to issue an order prohibiting the defendants from making future changes to Pennsylvania election processes without the "proper, lawful, legislative process" and are seeking "reasonable attorney fees, costs, and expenses."

Who is the Pa. Freedom Caucus?

Keefer is joined in her suit by the following colleagues from the Pennsylvania House of Representatives:

• Timothy Bonner

• Barry Kozwiak

• Barbara Gleim

• Joseph Hamm

• Wendy Fink

• Robert Kauffman

• Stephanie Borowicz

• Bud Cook

• Mike Jones

• Joseph D'Orsie

• Charity Krupa

• Leslie Rossi

• David Zimmerman

• Robert Leadbeter

• Daniel Moul

• Thomas Jones

• David Maloney

• Timothy Twardzik

• David Rowe

• Joann Stehr

• Aaron Berstine

• Kathy Kapp.

State Sen. Cris Dush is the lone senator involved.

Who are attorneys Erick Kaardal and Karen DiSalvo?

The Republican plaintiffs are represented by Mohrman, Kaardal & Erickson lawyers Erick Kaardal and Karen DiSalvo.

This law firm, based out of Minneapolis, and its lawyers have made headlines over the past few years for taking cases involving the 2020 election. Kaardal was subjected to an ethics inquiry for his work on a suit filed on behalf of Wisconsin Voters Alliance.

DiSalvo was involved with a push for a hand recount of votes in Pennsylvania's Luzerne County.

Bruce Siwy is a reporter for the USA TODAY Network's Pennsylvania state capital bureau. He can be reached at bsiwy@gannett.com or on X at @BruceSiwy.

This article originally appeared on York Daily Record: What is the Freedom Caucus trying to do? Inside the PA GOP lawsuit