State and local election officials across the United States are preparing for potential federal actions related to the upcoming midterm elections. These officials, representing both major political parties, describe their preparations as similar to planning for natural disasters, considering various scenarios.
Executive Actions and Authority
Former President Trump has issued an executive order aimed at altering election systems, which has largely been blocked by courts. Statements from the White House have indicated ongoing work on new executive orders, with one reportedly targeting mail voting. Mr. Trump has also mentioned a desire to ban certain voting machines.
Election officials generally state that the President lacks the legal authority to implement such changes, as the U.S. Constitution grants states control over election processes, with Congress setting guidelines for federal races.
Cleta Mitchell, an attorney who advised Mr. Trump in 2020, suggested a national emergency declaration as a strategy to implement election changes, citing a perceived "porous system." Mr. Trump has utilized presidential emergency powers more frequently than previous modern presidents. While election experts indicate no legal basis for Mitchell's theory, some voting officials have discussed this scenario. Senator Alex Padilla (D-Calif.) stated he would force a Senate vote to block any such declaration if it were made under a "fake national emergency."
Potential Deployment of Personnel
Washington Secretary of State Steve Hobbs, a Democrat, indicated a shift in his view regarding the potential deployment of federal troops at polling places. He cited past National Guard deployments as a factor in his current consideration of this possibility.
Prior to the 2020 election, Mr. Trump expressed a desire for federal law enforcement to patrol voting locations. Additionally, former adviser Steve Bannon has voiced hopes for Immigration and Customs Enforcement agents to patrol polling places during the midterms.
Legal experts consider such federal intervention illegal. Minnesota Secretary of State Steve Simon suggested that a clear federal statement disavowing such actions would be beneficial for election officials. White House spokesperson Abigail Jackson responded to inquiries about such scenarios by characterizing them as "baseless conspiracy theories and Democrat talking points." She did not directly state whether federal agents would be sent to voting locations, but reiterated that the president has authority to send federal personnel to localities to address violent crime.
Information Dissemination and Personnel Appointments
Election officials report ongoing challenges in guiding communities to reliable sources for election information. Concerns have been raised about individuals appointed to prominent government roles who have previously disseminated information about elections that officials describe as false.
One such appointment is Heather Honey, Deputy Assistant Secretary for Elections Integrity at the Department of Homeland Security. Officials note her past work with Cleta Mitchell in spreading election conspiracy theories. Washington Secretary of State Steve Hobbs likened this appointment to offering a "moon landing conspiracy theorist and flat earther a job at NASA."
Similarly, some officials at the Department of Justice have a history of expressing skepticism about election outcomes.
Data Requests and Voter Rolls
The Department of Justice has made requests for access to voting machines, old ballots, and large quantities of voter data. For example, a consultant in Colorado, who some clerks stated claimed association with the White House, contacted clerks regarding access to voting machines. The White House denied authorizing these specific requests. Separately, a Department of Justice official contacted Missouri clerks with similar inquiries. These requests were declined by the clerks.
The Trump administration has developed a searchable national citizenship database and has encouraged states to use it to identify non-citizens on voter rolls. While some Republican election officials have utilized this system, others, including some Republicans and their Democratic counterparts, have expressed hesitation. Concerns include the system's effectiveness, the handling of voter data, and legality under state laws.
The administration continues to investigate voter rolls and claims of widespread non-citizen voting. The Department of Justice recently sued eight states (states Mr. Trump lost in 2020) to compel them to provide their voter rolls. Al Schmidt, Republican Secretary of State of Pennsylvania, described this as a "concerning attempt... to consolidate and overreach at the federal level," emphasizing that states manage elections in the U.S.
Cybersecurity and Vulnerabilities
Federal government involvement in election-related cybersecurity has decreased since Mr. Trump took office. The Department of Homeland Security reduced staff focused on election security and ended funding for a partnership that facilitated threat information sharing among local election offices.
Wesley Wilcox, a Republican election supervisor in Marion County, Florida, suggested that these reductions could increase the vulnerability of smaller counties to cyberattacks from foreign adversaries. Washington Secretary of State Steve Hobbs noted that two years prior, DHS notified him of a county hack, leading to immediate state response. He expressed uncertainty about receiving similar notification under current circumstances. Adrian Fontes, Democratic Secretary of State of Arizona, stated he did not contact DHS' cyber agency after an online candidate portal was hacked, citing a lack of confidence in the agency's "capacity to collaborate in good faith or to prioritize national security over political theater."