What Government Lawyers Need to Know about Election Interference

Elections are becoming increasingly vulnerable to threats of interference. Additionally, election officials are facing increasing requests for access to election records and materials. 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 at the federal level, 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 secure 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. 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 to potential election interference, including internal procedures, engagement with legal counsel, and transparent public communications strategies that support both compliance and public trust