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    July 10, 2024 ABA Task Force for American Democracy

    Fortifying Election Security Through Poll Worker Policy

    Grace Gordon and Rachel Orey, Bipartisan Policy Center, October 2022
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    Summary

    Temporary election workers serve a key role, enabling the smooth functioning of elections in each precinct and promoting trust in elections. Yet this human component also presents a potential weak point. The Cybersecurity and Infrastructure Security Agency has noted concerns about “insider threats” and outside “organizations with nefarious intent.” Since 2020, there have been “several isolated incidents in which temporary election workers attempted to undermine election administration in pursuit of partisan goals,” such as tampering with voting equipment in a Michigan primary. To prevent improper influence or breaches of election security, it is important to strengthen election workers’ codes of conduct, training requirements, recruitment procedures, and legal protections.

    Key Findings/Message

    Conduct & Training - There is currently significant variation between different states’ conduct requirements and training procedures. While most states require training, the length and quality can vary significantly. When the burden of funding and presenting training sessions shifts to the local level, for example, trainings become shorter and less comprehensive.

    States should require election workers to sign a code of conduct and swear an oath to perform their duties faithfully. The code of conduct should clearly explain workers’ expected duties, what constitutes misconduct, and what penalties could be assigned for violations—such as dismissal (Colorado and Ohio) or a $10 fine and/or up to ten days in prison (Michigan). Other “[d]isciplinary policies could include counseling workers on proper procedures” or “issuing warnings not to repeat certain actions.”

    Protections - Increasing threats against election workers make hiring difficult. A few states have already increased their legal protections, such as by increasing criminal penalties for anyone who intimidates, threatens, or interferes with an election official or by adding language about retaliation and doxing of election workers and their families.

    Recruitment - Some states require that certain numbers of election workers be affiliated with the county’s leading and second-leading political parties. This enables election offices to hire bipartisan teams of election workers. Recruitment procedures vary by state; some states rely on political parties to nominate slates of potential election workers to the municipal office, some allow constituents to apply directly, and some do not consider partisan affiliation at all. Requiring partisan parity of election workers, however, can lead to more experienced workers being pushed out. It can also exclude unaffiliated or independent voters from serving as election workers. ​Other states instead require that each precinct have two supervisors, one from each major political party.

    Similarly, some states require that election workers be constituents of the relevant jurisdiction. While this can make it more difficult to recruit enough election workers, it also fosters local civic participation and prevents outside influence.

    Key Recommendations Made

    1. Codify professionalism and ethics requirements for election workers, articulate clear misconduct policies and potential penalties, and communicate these norms to election workers through mandatory training.
    2. Bolster legal protections for temporary election workers.
    3. Recruit and assemble bipartisan teams of election workers.