Poll Worker, Esq.: How Lawyers Can Serve on Democracy’s Frontline

Maintaining a functioning democracy is the basis of and fundamental to American society. To paraphrase Mark Twain, reports of the death of our functioning democracy may be exaggerated, but the challenge we face to bolster and ensure confidence in the rule of law and the role of election administrators is urgent. Lawyers of all backgrounds can help do the work to strengthen our democracy.

The Right to Vote Is at the Heart of Democracy

Democracy takes many forms, but at the heart of any democracy is the right to vote. This right is only meaningful if elections run smoothly, efficiently, and effectively. Running an election in this country takes a massive number of civically engaged people dedicated to the goal of a functioning democracy. In the 2016 election, nearly one million people served as election workers. Unfortunately, as election administration becomes more politically polarized, election workers have been scrutinized and threatened. The Brennan Center for Justice recently reported that one in five election workers from the 2020 presidential election are likely to leave their post ahead of the 2024 presidential election.

How Can Lawyers Help with Elections?

The need for election workers to administer elections in a non-partisan fashion has never been greater. Lawyers are an ideal group of people to perform this work. Not just election lawyers but lawyers of every type and background are needed.

The ABA Standing Committee on Election Law, in conjunction with the National Association of Secretaries of State and the National Association of State Election Directors, created the Poll Worker, Esq. campaign starting with the 2020 presidential elections to connect lawyers with resources needed to serve as election workers. Why lawyers? Election workers must follow many rules and standards to administer elections effectively. State laws have evolved significantly in the last two election cycles and continue to change before the 2024 election. Who better than lawyers to parse the relevant law and process?

With tension and confusion rising among voters, lawyers can explain these rules and serve as intermediaries for election administrators. But more than that, lawyers are civic leaders. They are the mainstays of their community. In a time when election administration is under intense scrutiny, lawyers not only have a responsibility to learn how elections function, but they can also play an integral role in restoring faith in the electoral process simply by serving as election workers.

You do not need to be an attorney with experience in election law to get involved—in fact, most election lawyers are busy on and around Election Day. There is also a special need for young lawyers. According to the Election Assistance Commission, most election workers in the past election were over 60. As many current election workers retire from service, younger people must step up to continue serving and build the institutional knowledge that makes our elections run smoothly.

What Do Election Workers Do?

While it depends on the jurisdiction where you volunteer and its specific needs, examples of election work include staffing a polling place or processing returned ballot envelopes. If you possess specific skills, such as technology proficiency or an ability to speak multiple languages, those skills will likely be used appropriately. The increase in mail voting and in-person early voting has meant that even more election workers have been needed, as Election Day now comprises multiple weeks of work.

In addition to a full training day, you may be asked to commit to multiple days of election work. Fortunately, election work is generally a paying job, and as a bonus, you may be eligible to receive CLE accreditation for your efforts in your jurisdiction. CLE credit is available for election work training and service in eight states—Iowa, Ohio, Indiana, Florida, Virginia, South Carolina, Kentucky, and Nebraska. You may also be able to receive pro bono hours for your service. If you are interested in serving as a poll worker, go to www.canivote.org and click on the “Become a Poll Worker” tab, which will direct you toward information on serving in your jurisdiction.

Election Workers Serve on the Frontline of American Democracy

We may not agree on policy or personalities leading the nation, but we can agree on this: the rule of law demands elections are run effectively and even-handedly so everyone can exercise their right to vote. Ultimately, no profession is better positioned to serve at the polls in 2024 than lawyers.