Election Worker Safety and Privacy

"Concerns about election workers’ safety and privacy have been reported following the 2020 election, in news reports and testimony before House and Senate committees. Some election workers have raised concerns about physical safety while performing official duties, as well as more general threats outside the workplace or related psychological effects. These threats, along with a perceived increase in politically motivated job scrutiny, have led some to leave, or consider leaving, their roles.

This Insight provides a brief overview of recent developments, legislative proposals, and policy considerations related to election worker safety and privacy.

Background

Federal law prohibits certain types of intimidation of or interference with election workers, including intimidation to discourage serving as a poll watcher or election official or intimidation as a result of such service (18 U.S.C. §245); interference by members of the Armed Forces with election officials’ exercise of their duties (18 U.S.C. §593); and intimidation for helping voters register (52 U.S.C. §20511) or vote (52 U.S.C. §§10307, 20511). Many states have laws that address other threats to election workers, such as through privacy protections for election commissioners. More general laws—such as prohibitions against voter intimidation (e.g. 52 U.S.C. §§10101, 10307, 20511) or harassing or threatening interstate communications—might also apply to some conduct.

Some state and local officials have responded to recent reports of threats to election workers with administrative action or legislative proposals. Election officials have included local law enforcement in poll worker trainings, for example, and implemented new security measures in their offices. Bills have been introduced in state legislatures to establish new prohibitions or protections, such as a Michiganproposal to prohibit intimidation of election workers and a Washington State bill to extend existing privacy protections to election officials..."
Election workers