What Government Lawyers Need to Know about Requests for Election Data and Equipment: Managing the Risks

Election officials are increasingly fielding requests for access to sensitive voter data and election equipment from a range of actors--including private individuals, legislative bodies, and law enforcement agencies.

Responding to these requests can present significant legal, operational, and reputational risks: improper disclosures may violate state and federal laws protecting voter privacy and election integrity, while overly cautious responses can lead to accusations of secrecy or noncompliance. As these inquiries grow more frequent and complex, election officials face mounting pressure to respond promptly while upholding legal obligations and maintaining public trust.

This course is designed to help legal counsel for election officials prepare for and respond to these evolving requests in ways that are legally sound, operationally feasible, and protective of both voter privacy and election security.

Learning Objectives:

1. Identify key legal frameworks-including the NVRA, HAVA, and relevant state laws-that govern access to voter data and election equipment, and understand the limitations they place on disclosure

2. Assess the legal authority and risks associated with various types of data and equipment access requests that may come from a range of actors and through different mechanisms

3. Recognize the role of judicial oversight and court-imposed protective conditions

4. Develop abilities to advise on mitigating legal, operational, and reputational risks when responding to sensitive or unclear requests, including those that may implicate voter privacy or election security

5. Develop ability to advise on establishing proactive protocols for managing and responding to access requests, including internal procedures, engagement with legal counsel, and transparent public communications strategies that support both compliance and public trust

The information provided in this course is not intended to be legal advice.