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    June 30, 2024 ABA Task Force for American Democracy

    Policy to Advance Good Faith Election Observation

    Bipartisan Policy Center, January 2022
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    Summary

    Election observers are instrumental to advancing the transparency and integrity of elections. However, without proper guidelines, partisans can abuse the election observation process to disrupt elections and undermine voter confidence. This report advances policy recommendations, implementable at the state and local level, to improve the election observation process. The recommendations focus on election observers and election challengers. Election observers watch the election process to ensure integrity and fairness in administration. Election challengers have the ability to dispute voter eligibility or administrative activities. A bipartisan task force of twenty-four state and local election officials from fifteen states unanimously endorsed the report’s recommendations.

    Key Findings/Messages

    Election observer rules should be grounded in the following principles: (1) election observation rules must promote accountability and transparency; (2) election observation rules must not enable observers to interfere with the free and fair electoral process; and (3) election observation rules must be fair and devised with the input of all major stakeholders.

    Key Recommendations Made

    • Increase funding and define uniform rules - States should provide resources to local election offices to support the training of observers. Furthermore, states should promulgate uniform rules defining which election activities observers are allowed to see and how many observers each party or authorized entity is allowed to have present.
    • Empower election officials - Election officials should have discretion in determining whether an observer is violating standards for acceptable behavior. There should be a clear process and chain of authority in place for removing a disruptive observer.
    • Mitigate the risk of voter intimidation and disenfranchisement - Challengers should not be permitted to interact with voters. States should set out detailed rules for what parts of the election process may be challenged. Challengers should bear the burden of proof when challenging a voter’s eligibility; voters should not be asked to provide additional identification or documentation in response to a challenge as this risks disenfranchising voters.