INSIGHTi
Election Worker Safety and Privacy
Updated April 10, 2023
Concerns about election workers’ safety and privacy have been reported since the 2020 election, in news
reports and testimony before House and Senate committees. Some election workers have raised concerns
about their physical safety while performing official duties, as well as threats to their safety and privacy
outside the workplace and related psychological effects. Those concerns, 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 executive branch activities, legislative proposals, and policy
considerations related to election worker safety and privacy. For more information, see CRS Legal
Sidebar LSB10781, Overview of Federal Criminal Laws Prohibiting Threats and Harassment of Election
Workers, by Jimmy Balser.
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. State
legislators have introduced or enacted new prohibitions or protections, including enacted state measures
such as a New Hampshire law that prohibits intimidating election officials to interfere with their work, an
Oregon law that extends existing privacy protections to election workers, and a Colorado law that
provides for new protections against election official doxing and intimidation.
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Federal Activity
The executive branch has taken some action on election worker safety and privacy since the 2020
election. On July 29, 2021, the U.S. 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 interagency partners, such as the U.S. Department of Homeland Security (DHS), “to address
the rise in threats against election workers, administrators, officials, and others associated with the
electoral process.” DOJ announced the first guilty plea in connection with the task force on June 16, 2022.
In addition to enforcement efforts, federal agencies have provided resources or support for election
workers. For example, DOJ, two DHS agencies, and the U.S. Election Assistance Commission (EAC)
administer certain grant funds that might be used to address threats to election workers. DHS’s
Cybersecurity and Infrastructure Security Agency (CISA) also offers publications and services to help
election officials respond to physical and online threats, the EAC has released a webpage and series of
videos about election official security, and the EAC’s Board of Advisors 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
addressed threats to election workers in testimony to several congressional committees, including the
House Select Committee to Investigate the January 6th Attack on the United States Capitol (June 21,
2022); House Committee on Homeland Security (July 20, 2022); Committee on House Administration
(CHA) (July 28, 2021) and CHA subcommittees (June 22, 2022, July 27, 2022, March 10, 2023, and
March 23, 2023); House Committee on Oversight and Reform (August 11, 2022); Senate Committee on
Rules and Administration (October 26, 2021, May 19, 2022, August 3, 2022, and March 28, 2023); and
Senate Committee on the Judiciary (August 3, 2022).
In the 117th Congress, the majority staff of the House Committee on Oversight and Reform released a
report about the effects of election misinformation and disinformation, including threats to election
workers, that drew on responses from election officials to letters from the committee and CHA. Some
Senators have also sent letters to federal agencies requesting updates or action on threats to election
workers, such as a DHS- and FBI-issued public service announcement to local law enforcement agencies
and updates on the EAC’s efforts to support election officials.
Some bills introduced in the 117th Congress would have addressed election worker security directly,
including through provisions that would have
prohibited harassment of election workers with intent to interfere with or retaliate for
performance of official duties (H.R. 4064/S. 2155; H.R. 5746; S. 2093; S. 2747; S. 4920);
prohibited intimidation for the purpose of interfering with election administration duties
(H.R. 777);
prohibited physically damaging election infrastructure, with enhanced penalties for
certain types of threats and harms (H.R. 5746; H.R. 6872/S. 3142; S. 4; S. 2928);
extended 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;
H.R. 5746; S. 2747; S. 4920);
extended 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);
prohibited 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 (H.R. 5746; H.R. 6872/S. 3142);
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prohibited removal or suspension of local election administrators except for specified
reasons, such as neglect of duty or malfeasance in office (H.R. 4064/S. 2155; H.R. 5746;
S. 2747);
extended or created privacy protections for election workers and their families (H.R.
4064/S. 2155; H.R. 5314; H.R. 5746; S. 2093; S. 2747; S. 4920);
increased the penalty for violating a prohibition on intimidating poll watchers and
election officials (S. 4574);
established in statute a DOJ-led election officials security task force (H.R. 5314); or
directed DOJ to provide law enforcement and federal attorneys with training and
resources on addressing threats to election workers (S. 4920).
Legislation has also been introduced in recent Congresses to authorize or appropriate funding states might
choose to use to address threats to election workers. For example, appropriations measures enacted in the
117th Congress (P.L. 117-103; P.L. 117-328) provided funding for improvements to the administration of
federal elections. Members have also introduced legislation in the 117th and 118th Congresses to authorize
funding for recruiting, training, retaining, or protecting election workers (H.R. 7992/S. 4239, 117th
Congress; S. 4920, 117th Congress; S. 630, 118th Congress); supplementing election worker pay (H.R.
8015, 117th Congress); providing election workers with physical security services and social media threat
monitoring (S. 4920, 117th Congress); and preventing disclosure of election workers’ personal information
(S. 4920, 117th Congress).
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.
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?
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?
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?
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Author Information
Sarah J. Eckman
Karen L. Shanton
Analyst in American National Government
Analyst in American National Government
Disclaimer
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