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Election Officials Under Attack

Turquoise C. Baker

Research & Program Associate

Brennan Center for Justice, NYU School of Law

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About the Brennan Center for Justice

The Brennan Center for Justice is an independent, nonpartisan law and policy organization that works to reform, revitalize, and when necessary, defend our country’s systems of democracy and justice.
The Brennan Center has built a distinct model to advance legal and policy change:

We’re a think tank, conducting rigorous research to identify problems and craft transformative solutions.
We’re an advocacy group, fighting in court and working with elected officials to advance legislation.
We’re a cutting-edge communications hub, shaping opinion by taking our message directly to the press and public.

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Agenda

Introduction
About Election Officials
What’s Happening?
Our Process and the Four Categories

Violent Threats and Personal Safety
Disinformation
Partisan and Policy Interference
Talent Pool Challenges

What Can You Do?
Questions

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About Election Officials

All states and jurisdictions
One size does not fit all
Election officials may have responsibilities outside of elections.
Bottom Line: Election officials, the backbone of our democracy, safely, securely, and fairly administer our elections.

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What’s Happening?

Election officials have become a target of those who are unwilling to accept the results of the 2020 election: the most safe and secure election in our nation’s history.
One consequence is that election officials, previously among the most trusted sources of election information, are losing the trust of parts of the American public.

“In 1958, about three quarters (73 percent) of Americans expressed trust in government in Washington to do what’s right.”

As of February 2020, only 17 percent did.

Michael Dimock, “How Americans View Trust, Facts, and Democracy Today,” Pew Research Center, February 19, 2020, https://www.pewtrusts.org/en/trust/archive/winter-2020/how-americans-view-trust-facts-and-democracy-today.

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Our Process and the Four Categories

Interviews with election officials and election experts
Sessions with election officials and election experts
Categories

Violent Threats and Personal Safety
Disinformation
Partisan and Policy Interference
Talent Pool Challenges

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Violent Threats and Personal Safety

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Election Officials Are Under Attack

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1 in 3

election officials feel unsafe because of their job

Nearly 1 in 5

election officials listed threats to their lives as a job-related concern

This survey was commissioned by the Brennan Center for Justice. Benenson Strategy Group, “The Brennan Center for Justice: Local Elections Official Survey,” April 7, 2021.

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Violent Threats and Personal Safety�Solutions

Government
Department of Justice Task Force Pass New State Laws to Provide Greater Personal Security for Election Officials and Workers Make Additional State-Level Investments to Secure Election Offices Prioritize and Put in Place Processes at the State Level to Ensure Swift Investigation and, Where Appropriate, to Prosecute Those Responsible for Threats

Election Officials
Use Tabletop Exercises to Prepare for Threats Build Cooperation with Law Enforcement, Including by Developing and Distributing Law Enforcement Pocket Guides Protect Personal Information

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Disinformation

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Disinformation�The Problem

Election officials are struggling to respond to disinformation
There was a direct link between election disinformation and the violence against election officials during the 2020 election.

54 percent

of election officials believe that social media has made their jobs more dangerous

This survey was commissioned by the Brennan Center for Justice. Benenson Strategy Group, “The Brennan Center for Justice: Local Elections Official Survey,” April 7, 2021.

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Disinformation�Solutions

Internet Companies
Cybersecurity and Infrastructure Security Agency Directory Send Corrective Information to Users Who Have Interacted with Election Misinformation Collaborate to Share Information Through an Information Sharing and Analysis Center or Organization

Federal and State Governments
Assign “Disinformation Navigators” to Provide Local Election Officials with Extra Resources to Combat Election Disinformation Require Party Monitor Training and Accountability Allocate Resources for Public Education

Election Officials
Crisis Communications Plan for Disinformation Educate the Public About Election Processes and “Pre-bunk” Falsehoods via Local Rumor Control Pages Support Education Efforts Through National Associations

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Partisan and Policy Interference�

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Partisan and Policy Interference�The Problem

Interference with the conduct of elections

Georgia, Brad Raffensperger
Arizona, Partisan Review

Usurping power from and imposing criminal penalties on election officials

Arizona, Katie Hobbs
Iowa, S.B. 413 (enacted)

Efforts to defund election administration

Blocking access to private funding
Refusing to pay for voting machines

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Partisan and Policy Interference�Solutions

State and Federal Lawmakers
Ensure That Local Election Officials Have Adequate Legal Support Prohibit Off-the-Record Communications with Officials Who Certify Elections Fully Fund Election Administration

Election Officials
Develop a Robust Code of Ethics Organize Pro Bono Legal Representation Explore a New Structure That Insulates Election Administration from Partisan Legislative Interference

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Talent Pool Challenges

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Talent Pool Challenges�Election Officials Duties / Challenges

Election officials have a heavy workload and must balance many responsibilities.
Many election officials also oversee:

Cemeteries
City councils
Cattle brands
Public records
Liquor licenses

U.S. Election Assistance Commission, “Election Administrator Competencies,” last accessed August 2, 2021, https://www.eac.gov/sites/default/files/eac_assets/1/6/electionofficials_wheel.jpg.

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Just over 45 percent

of LEOs from jurisdictions of 5,000 or fewer registered voters reported that they are paid less than $35,000.

Over a Quarter

reported that they are paid less than $20,000.

94.1 percent

of local election official respondents identified as white.

74 percent

of local election official respondents were older than fifty.

One Quarter

of local election official respondents were over the age of 65

Adona et al., “Staffing the Stewards of Democracy: The Demographic and Professional Profile of America’s Local Election Officials,” 2020 SPSA Annual Conference, compiled January 25, 2020, 26, https://evic.reed.edu/wp-content/uploads/2020/01/ Staffing-the-Stewards.pdf.

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Talent Pool Challenges�Solutions

Government and Election Officials Improving Working Conditions
Address Local Staffing and Resource Needs Show Appreciation for Election Officials Harassment Policies and Materials Should Address Harassment by the Public

Local Election Officials Improve Job Quality
State Associations Should Hire Staff to Represent EO Interests (With Additional Capacity) Participation in State Policy Development by State Associations Representing Local Election Officials

State and Local Election Officials Diversify the Field
Partner with Internships, Fellowships, and Community Colleges and Universities to Expand the Talent Pool, Especially Among Communities of Color Partner with Organizations That Recruit Poll Workers Where Election Officials Are Elected or Appointed, Jurisdictions Should Work with Groups That Support Diverse Candidates

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What Can You Do?

Figure out who your local election official is.
Share your LEO’s social media posts, and let your followers know that they’re a trusted source.
Become a Poll Worker
Educate your friends, colleagues and peers
Ask Questions
Spread the word about / apply to election internships, fellowships, and other mentor positions
Reach out to government representatives.

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Conclusion

Bottom Line: Election officials, the backbone of our democracy, safely, securely, and fairly administer our elections.

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Questions?

Turquoise Baker

Research & Program Associate

bakert@brennan.law.nyu.edu

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