INSIGHTi

Election Worker Safety and Privacy
December 21, 2021
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 that
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. §10307) 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 officials. 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 Michigan
proposal to prohibit intimidation of election workers and a Washington State bill to extend existing
privacy protections to election officials.
Recent Federal Developments
The executive branch has taken recent actions on election worker safety and privacy concerns. On July
29, 2021, the Department of Justice (DOJ) announced the creation of an Election Threats Task Force
comprised of representatives of DOJ Offices, the Federal Bureau of Investigation (FBI), and the U.S.
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Department of Homeland Security (DHS) “to address the rise in threats against election workers,
administrators, officials, and others associated with the electoral process.” The U.S. Attorney General,
DOJ officials, and the Director of the FBI met with more than 1,400 election officials on August 26, 2021,
to discuss these threats.
In addition to enforcement efforts, federal agencies have provided resources or support for election
workers. DHS’s Cybersecurity and Infrastructure Security Agency (CISA) offers publications and
services to help election officials respond to physical and online threats, for example, and the U.S.
Election Assistance Commission (EAC) has released a series of videos about election official security.
The EAC’s Board of Advisors also adopted a resolution condemning threats against election workers and
calling for additional agency resources to help protect them.
There has also been activity on the issue in Congress. Election administrators and other witnesses have
testified about recent threats to election workers in two congressional hearings: a Committee on House
Administration hearing on July 28, 2021, and a Senate Committee on Rules and Administration hearing
on October 26, 2021. Some Senators have also sent letters expressing concern over the threats to election
workers and requesting updates on the DOJ Task Force and EAC guidance on resources for addressing
threats.
Some bills introduced in the 117th Congress would address election worker security directly, including
through provisions that would
ï‚· prohibit harassment of election workers with intent to interfere with or retaliate for
performance of official duties (H.R. 4064/S. 2155; S. 2093; S. 2747);
ï‚· prohibit intimidation for the purpose of interfering with election administration duties
(H.R. 777);
ï‚· prohibit physically damaging election infrastructure, with enhanced penalties for certain
types of threats and harms (S. 4; S. 2928; S. 3142);
ï‚· extend a prohibition on certain types of intimidation in federal elections to intimidation
for processing ballots or tabulating, canvassing, or certifying votes (H.R. 5053/S. 2626;
S. 2747);
ï‚· extend a prohibition on intimidating poll watchers and election officials to cases
involving violence or threats of harm to people or property and to election agents,
vendors, and contractors (S. 4; S. 2928);
ï‚· prohibit intimidation of poll watchers, election officials, and election agents, vendors, and
contractors that involves violence or threats of harm, with enhanced penalties for certain
types of threats and harms (S. 3142);
ï‚· extend or create privacy protections for election workers and their families (H.R. 4064/S.
2155; H.R. 5314; S. 2093; S. 2747); and
ï‚· establish a DOJ-led election officials security task force with representatives from the
FBI; U.S. Marshals Service; CISA; EAC; state and local prosecutors; election officials;
and election officials associations (H.R. 5314).
Legislation has also been introduced in the 117th Congress that would authorize or appropriate funding
states might choose to use to address threats to election workers. A House-passed FY2022 appropriations
bill (H.R. 4502) would provide funding for general improvements to the administration of federal
elections, for example, and multiple bills would authorize a grant program for recruiting and training poll
workers (H.R. 1/S. 1 /S. 2093; H.R. 2358/S. 954; S. 2747).

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Potential Considerations for Congress
As noted above, states, localities, and federal agencies have taken some steps to address threats to election
workers. Congress might choose to leave any further action to federal agencies under their existing
authorities or to state and local officials.

Members might also see a role for Congress in strengthening protections—or helping states and localities
strengthen protections—for election workers. The following questions might be relevant to Members who
are considering whether or how to engage with this issue.
ï‚· How might threats be addressed? Would action be aimed at addressing obstacles to
enforcement of existing laws, for example, or at helping fund security efforts or
establishing new penalties, prohibitions, or protections?
ï‚· What types of threats might be addressed? Would proposed action focus on activities
affecting election workers’ physical, psychological, or economic well-being or a
combination? Would it address threats to election workers while they were conducting
their official duties, in their private lives, or both?
ï‚· Who might be covered by proposed protections? Would protections apply only to
election officials or also to volunteer workers, vendors and contractors, or family
members?


Author Information

Sarah J. Eckman
Karen L. Shanton
Analyst in American National Government
Analyst in American National Government




Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
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