What Government Lawyers in California Need to Know about Election Interference

Elections are increasingly vulnerable to threats of interference. Responding to these situations can present significant risks, and election officials face mounting pressure to respond promptly while upholding legal obligations and maintaining public trust. The purpose of this course is to provide election officials with relevant legal authorities related to domestic interference in elections, both at the federal level and state levels, including restrictions on such interference. This course is designed to help legal counsel for election officials prepare for and response to these evolving scenarios in ways that are legally sound, operationally feasible, and are protective of safe and elections.

Learning Objectives:

I. Identify key federal statutes-including provisions in 18 U.S.C., 52 U.S.C., and other relevant laws-that address limitations on federal interference, misconduct by government officials, voter intimidation, access to election records and materials, and the role of poll and election observers

II. Identify key CA legal frameworks-Cal. Election Code, Cal. Gov't Code and other relevant state laws-that govern election administration, voter intimidation, observer conduct, election material retention, emergency powers, and related regulatory issues

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

IV. Develop ability to advise on establishing proactive protocols for managing and responding to potential election interference, including internal procedures, engagement with state and local government counterparts, and transparent public communications and outreach strategies that support both compliance and public trust

Course materials and additional resources are available in The California Election Interference Law Handbook