Maintaining Election Integrity Amidst External Investigations

Elections are becoming increasingly vulnerable to threats against election officials, including partisan interference and accusations of criminal misconduct. Responding to these situations can present significant risks, and election officials face mounting pressure to respond promptly and transparently while upholding their legal obligations and maintaining the trust of the public. Election officials require sage and learned counsel to carry out their duties and to respond to law enforcement inquiries.

This course is designed to help legal counsel for election officials prepare for and respond to these evolving scenarios in ways that are legally sound, operationally feasible, and efficient, and are also protective of safe and secure elections.

Learning Objectives:

I. Identify the source and authority for federal law enforcement investigations, the legal standards (and standing requirements) to challenge an unreasonable exercise of law enforcement authority, and the timing of court challenges to protect the rights of a jurisdiction's voters

II. Develop abilities to advise on mitigating legal, operational, and reputational risks when responding to sensitive or unclear requests or circumstances that may implicate election security

III. Develop ability to advise on establishing proactive protocols for managing and responding with alacrity to federal or state investigative activity, including internal procedures, brief banks, and transparent communication strategies that enhance public trust

IV. Identify opportunities to build relationships with law enforcement authorities, and to showcase the processes and redundancies of local election officials in maintaining accurate voter rolls and tabulating votes