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The Florida Election Interference Law Handbook

Reviewing key federal and state laws and regulations will help election officials, their counsel, and others who support them to appropriately prepare and respond, if necessary.

September 23, 2026
September 23, 2026

Purpose and Scope

The purpose of this handbook is to provide election officials, their counsel, and others who support their election administration efforts with summaries of key legal authorities related to domestic interference in elections, both at the federal and state levels, including restrictions on such interference. It also offers scenarios and actions that officials should consider in developing their plans related to these issues.

This handbook is for informational purposes only. It does not provide legal guidance or include an exhaustive list of government agencies and departments, federal and state laws and regulations, or other authorities that may affect election administration. Nor is it an operational plan. Rather, it is for deliberative purposes and intended to inform the planning process.

Federal Law: Summary of Key Provisions*

Election Interference

Election Interference Generally

  • 18 U.S.C. § 245 (Federally protected activities): Provides protection from interference in voting or participating in other election activities on account of race, color, religion, or national origin; and prohibits using force or threat of force to willfully injure, intimidate, or interfere with “any person because he is or has been, or in order to intimidate such person . . . from[,] participating [in voting or election activities], without discrimination on account of race, color, religion or national origin.”
  • 18 U.S.C. § 594** (Intimidation of voters): Prohibits intimidating, threatening, or coercing any person “for the purpose of interfering with the right . . . to vote.”

Election Interference by Government Officials

In addition to the statutes above, some federal laws address election interference by government officials or those using government resources.

  • 18 U.S.C. § 592 (Troops at polls): Prohibits U.S. military or federal officials from stationing “troops or armed men at any place where a general or special election is held” except when necessary “to repel armed enemies of the United States.”
  • 18 U.S.C. § 593 (Interference by armed forces): Prohibits members of the U.S. military from interfering “in any manner with an election officer’s discharge of [their] duties.”
  • 18 U.S.C. § 595 (Interference by administrative employees of Federal, State, or Territorial Governments): Prohibits government employees from using official authority in connection with federally financed activity to interfere with or influence a federal election.
  • 18 U.S.C. § 598 (Coercion by means of relief appropriations): Prohibits the use of congressional appropriations “for the purpose of interfering with, restraining, or coercing” any person in the exercise of their right to vote.
  • 42 U.S.C. § 1983 (Civil action for deprivation of rights): Prohibits anyone acting under the color of state law from violating the constitutional rights of any person.

Election Material Maintenance, Access, and Retention

  • 52 U.S.C. § 21083 (Computerized statewide voter registration list requirements and requirements for voters who register by mail): Requires each state’s chief election official to ensure implementation, “in a uniform and nondiscriminatory manner,” of “a single, uniform, official, centralized, interactive computerized statewide voter registration list” containing the name, registration information, and an assigned unique identifier of every legally registered voter in the state. (Not applicable to North Dakota.)
  • 52 U.S.C. § 21085 (Methods of implementation left to discretion of State): Leaves “the specific choices on the methods of complying with the requirements of [52 U.S.C. §§ 21081–102]” to each state’s discretion.
  • 52 U.S.C. § 20701 (Retention and preservation of records and papers by officers of elections; . . . penalty for violation): Requires election officials to retain and preserve, for 22 months and with specific exceptions, all records relating to any application, registration, poll tax payment, and other act requisite to voting in any general, special, or primary election that includes candidates for president, vice president, senator, congressional representative, presidential elector, or resident commissioner of Puerto Rico, and provides criminal penalties for noncompliance.
  • 52 U.S.C. § 20703 (Demand for records or papers by Attorney General or representative; statement of basis and purpose): Requires that any record or paper retained and preserved per 52 U.S.C. § 20701 be made available for inspection, reproduction, and copying at the principal office of the legal custodian by the attorney general (or a designated representative) upon demand, provided said demand is in writing and contains a statement of the basis and the purpose for which it is made.

Election Observers

Congressional Observers

  • 52 U.S.C. § 21083a (Confirmation of Congressional Observer Access Act):
    • Provides that, regardless of legislative action, Congress has the constitutional authority “to send congressional election observers to observe polling locations, any location where processing, scanning, tabulating, canvassing, recounting, auditing, or certifying voting results is occurring, or any other part of the process associated with elections for Federal office,” per the authorities granted under U.S. Const. art. I, § 5, cl. 1 and U.S. Const. art. I, § 4, cl. 1.
    • Requires that each state “shall provide each individual who is acting as a designated congressional election observer for an election for Federal office with full access to clearly observe all elements of election administration procedures,” including (but not limited to) access to any area in which ballots are cast, processed, scanned, tabulated, canvassed, recounted, audited, or certified, during voting as well as during “pre- and post-election procedures.”
    • Provides that congressional observers may not “handle a ballot or election equipment (whether voting or nonvoting or whether tabulating or nontabulating), advocate for any position or candidate, take any action to reduce ballot secrecy or voter privacy, take any action to interfere with the ability of a voter to cast a ballot or an election administrator to carry the administrator’s duties, or otherwise interfere with the election administration process.”

DOJ “federal observers”

  • 52 S.C. § 10302 (Proceeding to enforce the right to vote): Provides that whenever the attorney general “or an aggrieved person” institutes a proceeding under any statute to enforce constitutional voting guarantees in any state or political subdivision, the court shall authorize the director of the Office of Personnel Management “to appoint federal observers . . . to serve for such period of time and for such political subdivisions as the court shall determine is appropriate to enforce the voting guarantees of the fourteenth or fifteenth amendment.”

Paramilitary Activity and Civil Unrest

  • 10 U.S.C. §§ 251–55 (Insurrection Act): Authorizes the president to deploy military forces inside the United States to suppress rebellion or domestic violence or to enforce the law in certain situations. This provision is the primary exception to the Posse Comitatus Act, under which federal military forces are generally barred from participating in civilian law enforcement activities.
  • 10 U.S.C. § 12406 (National Guard in federal service: call): Authorizes the president to federalize and deploy National Guard forces when there is an invasion or threat of invasion or a rebellion against the authority of the U.S. government or threat of such rebellion, or when the president is unable with the regular forces to execute the laws of the United States. The issue of whether this law constitutes an exception to the Posse Comitatus Act is currently in litigation.
  • 18 U.S.C. § 2101 (Anti-Riot Act): Prohibits using interstate or foreign commerce (such as crossing state lines or using the mail, phones, radio, TV, or the internet) with the intent to incite a riot; to organize, promote, encourage, participate in, or carry on a riot; to commit violent acts to further a riot; or to help someone else incite or take part in a riot or violent act related to a riot.
  • 18 U.S.C. § 231 (Civil disorders): Prohibits any of the following in connection with civil disorder: teaching or showing someone how to make or use a gun, explosive, or dangerous device; transporting or manufacturing a gun or explosive; and obstructing or interfering with police or firefighters.

Threats and Voter Intimidation

  • 18 U.S.C. § 115 (Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member): Prohibits threats “to assault, kidnap or murder” federal officials, employees, or their family members with the “intent to impede, intimidate, or interfere with” the performance of official duties, or in retaliation for official duties.
  • 47 U.S.C. § 223 (Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications): Prohibits knowingly making an interstate communication or transmitting “any comment, request, suggestion, proposal, image, or other communication which is obscene” with the intent to abuse, threaten, or harass another person.
  • 18 U.S.C. § 610 (Coercion of political activity): Prohibits intimidating or threatening federal employees “to engage in, or not to engage in, any political activity.”
  • 18 U.S.C. § 875 (Interstate communications): Prohibits threatening to kidnap or injure someone using certain interstate communications.
  • 18 U.S.C. § 876 (Mailing threatening communications): Prohibits knowingly sending by mail “any communication . . . addressed to any other person and containing any threat to kidnap any person or any threat to injure”; includes additional penalties for mailing threats to federal officials.
  • 18 U.S.C. § 2261A (Stalking): Prohibits interstate stalking and cyberstalking.
  • 42 U.S.C. 1983 (Civil action for deprivation of rights), § 1985 (Conspiracy to interfere with civil rights): Prohibits two or more persons from conspiring to use “force, intimidation, or threat” to:
    • prevent a person from “discharging any duties” related to administering a federal election; or
    • deprive a person of equal protection, hinder state officials in securing equal protection for others, or prevent voters from engaging in lawful activity related to voting in federal elections.
  • 52 U.S.C. § 20511** (Criminal penalties): Provides criminal penalties for any person, including an election official, who “knowingly and willfully intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce any person for . . . urging or aiding any person” in voting or registering to vote in a federal election.
  • 52 U.S.C. § 10307 (Prohibited acts): Prohibits a person acting under the color of law or otherwise from intimidating, threatening, or coercing any person “for urging or aiding any person to vote or attempt to vote” or for enforcing the right to vote.

U.S. Mail

  • 18 U.S.C. § 1708 (Theft or receipt of stolen mail matter generally): Prohibits theft of U.S. mail.
  • 18 U.S.C. § 1341 (Frauds and swindles): Prohibits using the mail for fraud.
  • 39 U.S.C. § 3018 (Hazardous material): Prohibits sending hazardous materials through the mail.
  • 18 U.S.C. § 3061 (Investigative powers of Postal Service personnel): Authorizes USPIS officials to make arrests, including warrantless arrests under certain circumstances, and to seize property as provided by law.

* Case law may exist that provides further insight into how these statutes should be interpreted and applied beyond the scope of this handbook. Anyone considering how any particular statute may be applied should consult with counsel.

** Only applicable to federal elections.

Overview of Key Federal Entities and Their Election-Related Roles and Responsibilities

Department of Defense

The Department of Defense (DOD) is an executive cabinet–level department “responsible for providing the military forces needed to deter war and protect the security of our country.” Defense Secretary Pete Hegseth was nominated by President Donald Trump and confirmed by the Senate in January 2025.

DOD plays an important role in military and overseas voter access. The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) gives a “presidential designee” primary responsibility for the “federal functions” required under the act. In 1998, President Ronald Reagan designated the secretary of defense as the presidential designee in Executive Order 12642, which also authorized the secretary to delegate UOCAVA responsibilities, authority, and discretion “to any person or persons with the Department of Defense.” DOD Instruction 1000.04 delegates these responsibilities to the undersecretary of defense for personnel and readiness, a role currently held by Anthony J. Tata.

The DOD’s Federal Voting Assistance Program (FVAP) “administers the federal responsibilities of the Uniformed and Overseas Citizens Absentee Voting Act.” Scott Wiedmann is the director of FVAP.

 

FVAP recently made a change to the services it offers to UOCAVA voters: As of August 1, 2025, FVAP will no longer fax overseas voters’ election materials to county election officials, and UOCAVA voters may no longer send their voting materials to FVAP via email.

In the past, DOD entities have also helped to counter foreign threats to U.S. elections. For example, in 2022, the National Guard provided election cybersecurity support to several states.

Department of Homeland Security

The Department of Homeland Security (DHS) is an executive cabinet–level department that “works to improve the security of the United States.” DHS’s work includes customs, border, and immigration enforcement; emergency response to natural and man-made disasters; antiterrorism efforts; and cybersecurity. DHS Secretary Markwayne Mullin was nominated by President Trump and confirmed by the Senate in March 2026.

DHS has played a supportive role in election security since 2017, when the DHS secretary designated election infrastructure — including voter registration databases and associated IT systems, voting systems, and polling locations — as critical infrastructure (CI).

Importantly, this designation “does nothing to change the role state and local governments have in administering and running elections.” Moreover, as the Congressional Research Service explained, the CI designation does not did not establish DHS regulatory authority over elections. Rather, it simply enables DHS to provide “assistance to election jurisdictions only on a voluntary basis,” affording election officials “greater access to DHS information and security resources.”

DHS’s Cybersecurity and Infrastructure Security Agency (CISA) is the department’s lead for providing election security support and services to state and local election officials under this designation. CISA Director Sean Plankey was nominated by President Trump and confirmed by the Senate Homeland Security Committee in July 2025 advanced his nomination.

 

Department of Justice

The Department of Justice (DOJ) is an executive cabinet–level department charged with “enforc[ing] federal laws.” President Trump appointed Todd Blanche to serve as attorney general in June 2026. The Senate confirmed Blanche as head of the DOJ in August.

 

United States Postal Inspection Service

The U.S. Postal Inspection Service (USPIS) is the law enforcement arm of the United States Postal Service (USPS). USPIS “enforces over 200 federal statutes related to crimes that involve the postal system, its employees, and its customers.” It is “responsible for ensuring the safety of all mail, including Election Mail.” The chief postal inspector is appointed by the postmaster general, in consultation with USPS’s board of governors, to oversee all operations of the Postal Inspection Service. The chief postal inspector reports to the postmaster general. Current Chief Postal Inspector Gary Barksdale was appointed to the position in 2019.

Postal inspectors (PIs) are sworn federal agents, specially chosen and trained to ensure that laws are enforced, crimes are prevented, and the nation’s election mail is securely delivered. Certain PIs, designated as election crime coordinators (ECCs), “coordinate closely with the Department of Justice, Federal Bureau of Investigation, USPS Office of the Inspector General, and local and state law enforcement” as needed.

 

United States Postal Service

The U.S. Postal Service is “an independent establishment of the executive branch” overseen by a bipartisan board of governors. Nine of the board’s eleven members (or governors) are appointed by the president and confirmed by the Senate to serve staggered seven-year terms; the remaining two are the postmaster general and deputy postmaster general, who have no set terms. The board appoints the postmaster general; the deputy postmaster general is selected by the board and the postmaster general. The current board of governors chair is Amber McReynolds, who also chairs the board’s election mail committee and serves on its operations committee.

The Postal Service plays a vital role in election administration: processing, transporting, and delivering the nation’s election mail safely, securely, and on time. The term election mail includes “any item mailed to or from authorized election officials that enables citizens to participate in the voting process — including ballots, voter registration cards, absentee voting applications and polling place notifications.”

The Postal Service has specific policies and procedures on the proper acceptance, processing, delivery, and documentation of election mail. In 2022, USPS formed a permanent, full-time election and government mail services team to formalize and centralize proven strategies, processes, and procedures. The Postal Service now operates a year-round education and compliance program to ensure that employees are fully trained and applying “all policies and procedures to properly handle mail-in ballots and other Election Mail.” In 2024, the Postal Bulletin published a comprehensive guide to these policies and procedures, which includes explanations about how the official election mail logo and other identifiers help USPS to monitor, track, and prioritize delivery of election mail.

According to the Postal Service’s 2024 postelection analysis report, USPS successfully processed, transported, and delivered 99.88 percent of ballots from voters to election officials within seven days, and 99.64 percent within five days. On average, it took one day for the Postal Service to deliver ballots from voters back to local election boards.

Congress

Congress’s election-related roles and responsibilities are established in the U.S. Constitution, which grants only Congress and the states the power to regulate the times, places, and manner of federal elections. However, Congress has delegated certain federal agencies limited roles in elections. For purposes of this handbook, the overview provided in this section is limited to information related to the congressional election observer program. In 2024, Congress enacted the Confirmation of Congressional Observer Access Act (COCOA), which codifies the program, through which congressional staff volunteer and are trained for the purpose of “monitoring key aspects of the election process and collecting information to build a record for the Committee in the case of a contested election.” According to the National Association of Counties (NACo), Congress has utilized this program since 2006, though Congress says the program has existed “for decades.”

Congress asserts that the Qualifications Clause, holding that each house “shall be the Judge of the Elections, Returns and Qualifications of its own Members” (U.S. Const. art. I, § 5, cl. 1), and the Elections Clause, granting state legislatures authority over “the Times, Places and Manner of holding Elections for Senators and Representatives” but giving Congress the right to “at any time by Law make or alter such Regulations” (U.S. Const. art. I, § 4, cl. 1), grant it the authority for this program.

Shortly after COCOA’s passage, Committee on House Administration chair Bryan Steil (R-WI) and ranking minority member Joseph Morelle (D-NY) sent NACo a letter outlining the program and its purpose. The letter acknowledged that “states have the important responsibility of administering . . . federal elections” and that congressional observers “play no role in the administration of the election or the vote counting process; they are to function exclusively as an observer.” It also stated that congressional observers “are to be provided ‘full access to clearly observe all elements of election administration procedures’ throughout the election process . . . even if state law credentialing, partisan quota, or access requirements exist to the contrary,” noting that “the House’s constitutional and statutory authority in this area supersedes state law.”

Florida State Law: Summary of Key Provisions*

Core Election Interference Provisions

  • Fla. Const. art. I, § 2: No person shall deprive another of any right because of race, religion, national origin, or physical disability.
  • Fla. Stat. § 97.0585: Prohibits agencies from disclosing certain voter registration information or using it for purposes other than voter registration — including declinations to register to vote, information about where a person registered or updated a registration, Social Security numbers, driver’s license numbers, Florida identification numbers, and information concerning preregistered applicants who are 16 or 17 years old — except to another governmental entity when necessary to perform duties directly related to election administration.
  • Fla. Stat. § 101.71: Prohibits:
    • more than one voter from entering a voting booth at a time;
    • anyone except election inspectors from speaking to a voter while casting their vote; or
    • an election inspector from speaking to or interfering with a voter concerning their voting, except to perform their duties.
  • Fla. Stat. § 104.0515: Prohibits the following as felonies:
    • any person acting under “color of law” from applying different standards, practices, or procedures in determining whether an individual is qualified to vote than those applied to other individuals within the same political subdivision who have been found qualified to vote;
    • any person acting under “color of law” from denying an individual the right to vote because of an error or omission on voting-related records or papers, if the error or omission is not material to determining whether the individual is qualified to vote;
    • any person, whether acting under “color of law or otherwise,” from intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce, another person for the purpose of interfering with that person’s right to vote or not vote as the person chooses, or causing that person to vote or not vote for a candidate; or
    • political subdivisions from imposing or applying any voting qualification, prerequisite, standard, practice, or procedure to deny or abridge the right to vote on account of race or color.
  • Fla. Stat. § 104.0615: Prohibits the following as felonies:
    • directly or indirectly using or threatening to use force, violence, intimidation, or any tactic of coercion or intimidation to induce or compel an individual to vote or refrain from voting, vote or refrain from voting for a particular candidate or ballot measure, refrain from registering to vote, or refrain from acting as a legally authorized election official or poll watcher;
    • knowingly using false information to challenge an individual’s right to vote or to induce or attempt to induce an individual to refrain from voting, registering to vote, or acting as a legally authorized election official or poll watcher; or
    • knowingly destroying, mutilating, or defacing a voter registration form or election ballot; or
    • obstructing or delaying delivery of a voter registration form or election ballot.
  • Fla. Stat. § 104.061: Prohibits the following as felonies:
    • by bribery, menace, threat, or other corruption, directly or indirectly attempting to influence, deceive, or deter any voter in voting, or interfering with a voter’s free exercise of the right to vote at any election; or
    • directly or indirectly giving or promising anything of value to another person to buy their or another person’s vote, or to corruptly influence any person in casting a vote.
  • Fla. Stat. § 102.031: Prohibits the following:
    • unauthorized persons from entering any polling room, polling place where the polling place is also a polling room, or early voting area during voting hours;
    • any person, political committee, or other group or organization from soliciting voters inside the polling place or within 150 feet of a secure ballot intake station, polling place entrance, polling room where the polling place is also a polling room, early voting site, or election supervisor’s office where mail ballots are requested and printed on demand, including by seeking or attempting to seek any vote, fact, opinion, contribution, or petition signature; distributing or attempting to distribute political or campaign materials; conducting a poll except as authorized; selling or attempting to sell any item; or engaging in activity with the intent to influence a voter;
    • elections supervisors from designating a no-solicitation zone or otherwise restricting access for voter solicitation except as authorized by statute;
    • property owners, operators, lessees, or their agents or employees from prohibiting candidate solicitation outside the no-solicitation zone during polling hours; or
    • any person from photographing in a polling room or early voting area, except a voter photographing their own ballot.
  • Fla. Stat. § 101.5614: Prohibits the following:
    • any person other than a member of the election board from touching any ballot or ballot container or interfering with or obstructing the orderly count of ballots; or
    • supervisors of elections, deputy supervisors, canvassing board members, election board members, election employees, or other persons authorized to observe, review, or inspect ballot materials or observe canvassing from releasing information about votes cast or election results before the polls close in that county on Election Day, and makes any such disclosure a felony.
  • Fla. Stat. § 104.012: Prohibits the following as felonies:
    • directly or indirectly influencing, deceiving, deterring, or attempting to influence, deceive, or deter any person by bribery, menace, threat, or other corruption in the free exercise of the right to register to vote; or
    • altering another person’s voter registration application without that person’s knowledge and consent.
  • Fla. Stat. § 104.013: Prohibits willfully destroying or defacing the voter information card of a duly registered voter, and makes such conduct a felony.
  • Fla. Stat. § 104.22: Prohibits stealing, willfully and wrongfully breaking, destroying, mutilating, defacing, unlawfully moving, or unlawfully securing and detaining all or part of any ballot box, tally sheet, return, or other election paper or document; fraudulently making any entry or alteration in such materials except as provided by law; or permitting another person to do so, and makes such conduct a felony.
  • Fla. Stat. § 104.30: Prohibits the following:
    • any unauthorized person from unlawfully possessing any voting system, component, or key, and makes such conduct a misdemeanor; or
    • tampering or attempting to tamper with or destroy any voting system or equipment with the intent to interfere with the election process or election results, and makes such conduct a felony.
  • Fla. Stat. § 104.26: Prohibits any person, during or before an election, from wrongfully removing, tearing down, destroying, or defacing any ballot, booth, compartment, or other convenience provided to enable an elector to prepare a ballot, or any card for voter instruction, and makes such conduct a misdemeanor.
  • Fla. Stat. § 104.21: Prohibits fraudulently changing or attempting to change the vote or ballot of any voter, where doing so prevents the voter from voting the ballot or from voting the ballot as intended, and makes such conduct a felony.
  • Fla. Stat. § 104.19: Prohibits casting a ballot using stickers or rubber stamps or carrying into a voting booth any mechanical device, paper, or memorandum that might be used to adversely affect the normal election process, and makes such conduct a misdemeanor.
  • Fla. Stat. § 104.31: Prohibits officers or employees of the state or of any county or municipality from using their official authority or influence to interfere with an election or nomination for office, coerce or influence another person’s vote, or affect the result, and makes such conduct a misdemeanor.
  • Fla. Stat. § 104.051: Prohibits the following:
    • election officials from willfully violating any election law;
    • officials from willfully refusing or neglecting to perform their duties under the election law, and makes such conduct a misdemeanor;
    • officials from fraudulently or corruptly performing their duties under the election law, and makes such conduct a felony; or
    • elections supervisors, deputy supervisors, or election employees from attempting to influence or interfere with any voter voting a ballot, and makes such conduct a felony. Fla. Stat. § 104.23: Prohibits election officials or persons assisting any voter from willfully disclosing how any voter voted except in a court trial, and makes such conduct a felony.
  • Fla. Stat. § 101.68: Prohibits supervisors, deputy supervisors, canvassing board members, election board members, or election employees from releasing the results of canvassing or processing of mail ballots before the polls close in that county on Election Day, and makes such conduct a felony.
  • Fla. Stat. § 104.41: Prohibits any violations of the election law not otherwise provided for, and makes such conduct a misdemeanor.
  • Fla. Stat. § 104.091: Prohibits the following:
    • knowingly aiding, abetting, or advising a violation of the election law, and punishes such conduct in the same manner as the principal offender;
    • agreeing, conspiring, combining, or confederating with another person to commit a violation of the election law, and punishes such conduct as if the person had committed the violation; or
    • knowing of a felony violation of the election law and aiding the offender with intent that the offender avoid or escape detection, arrest, trial, or punishment, and punishes such conduct as if the person had committed the violation.
  • Fla. Stat. § 790.01: Prohibits carrying a concealed firearm on or about one’s person unless the person is licensed or otherwise satisfies the statutory criteria for receiving and maintaining such a license, and makes such conduct a felony.
  • Fla. Stat. § 790.06: Prohibits openly carrying a handgun or carrying a concealed firearm into certain locations, including any polling place; any school, college, or professional athletic event not related to firearms; any elementary or secondary school facility or administration building; any career center; or any college or university facility.
  • Fla. Stat. § 790.053: Prohibits any person from openly carrying a firearm on or about their person, and makes such conduct a misdemeanor.
  • Fla. Stat. § 790.115: Prohibits the following on the grounds or facilities of any school:
    • exhibiting a firearm in a rude, careless, angry, or threatening manner, and not in lawful self-defense, and makes such conduct a felony;
    • willfully and knowingly possessing a firearm on school property, and makes such conduct a felony unless the person is authorized to carry a concealed weapon or concealed firearm, in which case the violation is a misdemeanor; or
    • discharging a firearm while unlawfully possessing it, and makes such conduct a felony, unless the weapon is discharged in lawful defense of self or another or for another lawful purpose.
  • Fla. Stat. § 790.10: Prohibits a person having or carrying a firearm from exhibiting it in the presence of another person in a rude, careless, angry, or threatening manner, except in necessary self-defense, and makes such conduct a misdemeanor.
  • Fla. Stat. § 784.021: Prohibits assault with a deadly weapon without intent to kill, and makes such conduct a felony.

Police Presence at the Polls

  • Fla. Stat. § 101.131: Prohibits candidates, sheriffs, deputy sheriffs, police officers, and other law enforcement officers from being designated as poll watchers.
  • Fla. Stat. § 102.031: Provides for the following:
    • Authorizations
      • election boards have full authority to maintain order at the polls and enforce obedience to their lawful commands during an election and canvass;
      • law enforcement officers and emergency service personnel may enter a polling room, polling place that is also a polling room, or early voting area during voting hours with permission from the clerk or a majority of the inspectors; and
      • the supervisor of elections or clerk may take reasonable action necessary to ensure order at polling places, including having disruptive and unruly persons removed by law enforcement from the polling room, polling place, or 150-foot no-solicitation zone.
    • Requirements
      • the sheriff must deputize a deputy sheriff for each polling place and early voting site;
      • the deputized deputy must be present while the polls or early voting sites are open and until the election is completed;
      • the deputized deputy must remain subject to the lawful commands of the clerk or inspectors and maintain good order; and
      • when necessary to maintain peace and order at the polls or early voting sites, the deputized deputy may summon assistance from bystanders
    • Restrictions
      • law enforcement officers and emergency service personnel may not enter any polling room, polling place that is also a polling room, or early voting area during voting hours unless they have permission from the clerk or a majority of the inspectors.
  • Fla. Stat. § 102.101: Prohibits sheriffs, deputy sheriffs, police officers, special officers, and other “officer[s] of the law” from entering a polling place without permission from the clerk or a majority of the inspectors, except to cast their own ballots; and requires the clerk or inspectors to make an affidavit for the officer’s arrest if the officer fails to comply.

Election Material Maintenance, Access, and Retention

Various Florida laws and regulations, including Fla. Stat. §§ 101.545, 119.021, 257.35–36, and Fla. Admin. Code r. 1B-24.003, require election officials to keep and preserve election records for certain durations. The Florida Department of State maintains a schedule to assist custodians in maintaining and disposing of records in compliance with legal requirements. The table below lists key records retention requirements.

 

Election Observers

  • Fla. Stat. § 101.131: Prohibits poll watchers from coming closer to the officials’ table or voting booths than reasonably necessary to perform their functions; obstructing the orderly conduct of an election; posing questions about polling place procedures to anyone other than the clerk; or interacting with voters.

Emergency Powers

  • Fla. Const. art. VI, § 5: Allows a general election to be suspended or delayed due to a state of emergency or impending emergency pursuant to general law; special elections and referenda shall be held as provided by law.
  • Fla. Stat. § 101.733: Authorizes the governor, upon issuing an executive order declaring a state of emergency or impending emergency, to suspend or delay any election independently or at the request of the secretary of state, an affected county elections supervisor, or an affected municipal clerk; requires the governor, after consulting with the secretary of state, to reschedule the election within 10 days or as soon thereafter as practicable; and requires the Division of Elections to adopt a statewide elections emergency contingency plan governing notice, orderly conduct of rescheduled elections, polling place safety and designation, and release and certification of election returns.
  • Fla. Stat. § 252.36: Authorizes the governor to “[s]uspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of any state agency” if strict compliance would “prevent, hinder, or delay necessary action in coping with the emergency.”
  • Fla. Stat. § 101.698: Authorizes the Elections Canvassing Commission, when a national or local emergency or other situation makes substantial compliance with state or federal overseas voting procedures impossible or unreasonable, to adopt emergency rules establishing special procedures or requirements necessary to facilitate absentee voting by directly affected overseas voters who are otherwise eligible to vote.
  • Fla. Stat. § 101.74: Authorizes the supervisor of elections, when an emergency exists in a precinct at the time of an election, to establish an additional polling place for voters of that precinct at a safe and convenient location outside the precinct, where the affected precinct’s registration books apply.
  • Fla. Stat. § 101.71: Requires the supervisor of elections, in cases of emergency when time does not permit compliance with ordinary polling place relocation procedures, to designate a new polling place that is accessible to the public on Election Day and post notice at the old polling place advising voters of the new location.

Paramilitary Activity and Civil Disorder

  • Fla. Stat. § 250.43: Prohibits unauthorized persons from wearing the uniform or insignia of rank of Florida National Guard officers, or the uniform, any part of the uniform, or a similar or imitation uniform of the U.S. Army, Navy, Marine Corps, Air Force, Space Force, National Guard, or a Naval Militia, and makes such conduct a misdemeanor.
  • Fla. Stat. § 870.06: Prohibits any group other than the state militia, U.S. troops, or students of educational institutions with military science instruction from organizing as a military organization to drill or parade publicly with firearms unless licensed by the governor for each occasion and approved by local officials, and makes unlawful formation of or participation in such an organization, drill, or parade a misdemeanor.
  • Fla. Stat. § 790.29: Prohibits the following as felonies:
    • teaching or demonstrating the use, application, or making of any firearm, destructive device, or technique capable of causing injury or death while knowing, having reason to know, or intending that it will be unlawfully used in or in furtherance of a civil disorder; or
    • assembling with one or more persons to train with, practice with, or receive instruction in the use of any firearm, destructive device, or technique capable of causing injury or death, with intent to unlawfully use it in or in furtherance of a civil disorder.
  • Fla. Stat. § 870.01: Prohibits the following:
    • engaging, by mutual consent, in fighting with another person in a public place “to the terror of the people,” and makes such conduct a misdemeanor;
    • willfully participating in a violent public disturbance involving an assembly of three or more persons acting with a common intent to assist each other in violent and disorderly conduct, resulting in injury, property damage, or imminent danger of injury or property damage, and makes such conduct a felony;
    • committing a riot while participating with 25 or more other persons, causing great bodily harm to a nonparticipant, causing property damage over $5,000, displaying or using a deadly weapon, or endangering the safe movement of a vehicle by force or threat of force, and makes such conduct a felony;
    • willfully inciting another person to participate in a riot, resulting in a riot or imminent danger of a riot, and makes such conduct a felony; or
    • inciting a riot that results in great bodily harm to a nonparticipant or property damage over $5,000, or supplying or teaching another person to prepare a deadly weapon with intent that it be used in a riot for an unlawful purpose, and makes such conduct a felony.
  • Fla. Stat. § 870.02: Prohibits three or more persons from meeting together to commit a breach of the peace or any other unlawful act, and makes such conduct a misdemeanor.

Definitions

* Case law may exist that provides further insight into how these statutes and corresponding regulations should be interpreted and applied beyond the scope of this handbook. Anyone considering whether and how any particular statute or corresponding regulation may be applied should consult with counsel.

Overview of State Entities

Governor of Florida

The governor of Florida serves as the state’s chief executive officer (Fla. Const. art. IV, § 1(a)). The governor represents Florida and oversees the operation of the state government. Governor Ron DeSantis first took office in January 2019 and was reelected to a second four-year term in 2022, making him ineligible to seek a third consecutive term in 2026.

The governor is commander in chief of all state military forces not in active federal service and has the authority to call out the militia to preserve the public peace, execute state law, suppress insurrection, or repel invasion (Fla. Stat. § 250.06(1), Fla. Const. art. IV, § 1(a), (d)). Florida’s militia consists of the organized militia, which is composed of the Florida National Guard and any other organized military forces authorized by law, and the unorganized militia (Fla. Stat. § 250.02(2)–(3)). The Florida State Guard is one such organized military force, activated only by the governor and at all times under the governor’s command and control (Fla. Stat. § 251.001(2)).

Under Fla. Stat. § 101.733(1), the governor may “suspend or delay any election” upon declaring a state of emergency or an impending emergency. The statute requires the governor, after consulting with the secretary of state, to reschedule the election as soon as practicable (Fla. Stat. § 101.733(2)). Florida law also grants the governor the authority to “[s]uspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of any state agency” if strict compliance would “prevent, hinder, or delay necessary action in coping with the emergency” (Fla. Stat. § 252.36(6)(a)). During the COVID-19 pandemic, Governor DeSantis issued Executive Order 20–149 concerning Florida’s 2020 primary and general elections. The order suspended certain provisions of the Florida Election Code to permit earlier canvassing of mail ballots; encouraged state employees to serve as poll workers through administrative leave incentives; and directed state officials to provide personal protective equipment and other support for election administration during the pandemic.

Additionally, the governor has authority to suspend a “county officer,” including a supervisor of elections, by executive order stating the grounds and filed with the custodian of state records for “malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony” (Fla. Const. art. IV, § 7(a); Fla. Const. art. VIII, § 1(d)). The governor may fill the office by appointment for the period of suspension, and may reinstate the suspended officer at any time before removal (Fla. Const. art. IV, § 7(a)). The Florida Senate may, in proceedings prescribed by law, remove from office or reinstate the suspended official (Fla. Const. art. IV, § 7(b)).

Florida Secretary of State

The secretary of state serves as Florida’s “chief election officer” and is responsible for the general supervision and administration of election laws (Fla. Stat. § 97.012). The secretary of state is appointed by and serves at the pleasure of the governor (Fla. Stat. § 20.10(1)). Florida’s current secretary of state, Cord Byrd, was appointed by Governor DeSantis on May 17, 2022.

The Division of Elections, under the secretary of state, is responsible for interpreting the state’s election laws and ensuring their proper and equitable implementation statewide, including providing technical assistance and guidance to elections supervisors and overseeing statewide election procedures (Fla. Stat. § 97.012). Under Florida law, the Division of Elections has the following powers and duties:

  • Issuing rules, standards, and directives relating to election administration and campaign practices. Fla. Stat. § 97.012(1) provides that the secretary of state must “obtain and maintain uniformity in the interpretation and implementation of the election laws” and may “adopt by rule uniform standards” for implementation of Florida’s election law. Select examples include:
    • Fla. Stat. § 101.015: Require the Department of State to approve voting systems and adopt rules governing their certification and use.
    • Fla. Stat. § 101.657: Establishes requirements governing early voting locations, hours, and procedures.
    • Fla. Stat. § 97.012(11): Requires the secretary of state to create and administer a statewide voter registration system. The Department of State may also adopt emergency election rules under Florida’s general emergency rulemaking authority, expressly including rules interpreting and implementing the election law (Fla. Stat. § 120.54(4)(a)–(b)).
  • Overseeing local election officials. Fla. Stat. §§ 97.012(4), (14) authorize the secretary of state to provide technical assistance to supervisors of elections and to enforce compliance with the election law and Department of State rules. Fla. Stat. § 97.012(16) authorizes the Department of State to issue written directives to county supervisors of elections regarding implementation and interpretation of election laws.
  • Conducting investigations to enforce election laws. Fla. Stat. § 97.012(15) authorizes the secretary of state to “conduct preliminary investigations into any irregularities or fraud involving voter registration, voting, candidate petition, or issue petition activities.” The Division of Elections can refer complaints to the Florida Elections Commission (Fla. Stat. § 106.25(2)).
  • Preparing uniform forms for various election procedures (Fla. Stat. § 97.052).

Florida National Guard

Major General John D. Haas serves as adjutant general of Florida. The governor appoints the adjutant general, subject to state Senate confirmation (Fla. Const. art. X, § 2(c); Fla. Stat. § 250.10(1)). The adjutant commands the state’s organized militia, which includes the Florida National Guard and the Florida State Guard. (Fla. Stat. § 250.10(2)(a)). The governor may suspend an officer of the militia not in active federal service by executive order for specified grounds, including malfeasance, misfeasance, neglect of duty, incompetence, permanent inability to perform official duties, or commission of a felony (Fla. Const. art. IV, § 7(a)).

Governor Ron DeSantis appointed Major General Haas on January 10, 2023.

Under certain circumstances, Title 10 of the U.S. Code allows the president to “call into Federal service members and units of the National Guard of any State” (10 U.S.C. § 12406). Once lawfully called by the president (i.e., “activated for federal service under Title 10 authority,” or federalized), National Guard members “are in an equivalent active-duty status as their active component counterparts;” the chain of command “runs from the President to the Secretary of Defense; and from the Secretary of Defense to the commander of the combatant command.”

Federal courts recently addressed the limits on the president’s authority to federalize the National Guard under 10 U.S.C. § 12406, which permits federalization when (among other circumstances) “the president is unable with the regular forces to execute the laws of the United States.” In October 2025, President Trump invoked this law to federalize approximately 300 members of the Illinois National Guard in the Chicago area. After an additional 400 members of the Texas National Guard were slated for deployment in the area, Illinois Attorney General Kwame Raoul sued to halt the deployment.

In December 2025, the Supreme Court, by a vote of 6–3, rejected a request from the Trump administration to put the temporary restraining order issued by a lower court judge on hold while litigation continued. The majority held that the president may federalize National Guard forces under 10 U.S.C. § 12406 only in situations where he has legal authority to deploy active-duty troops and has determined that active-duty troops are insufficient. The majority concluded that, “[a]t this preliminary stage, the government has failed to identify a source of authority that would allow the military to execute the laws in Illinois,” given that President Trump had not invoked the Insurrection Act and the government did not cite an applicable constitutional authority. Shortly after this ruling, President Trump announced that he would end efforts to deploy the National Guard in Chicago, as well as in Los Angeles and Portland, Oregon.

As for the Florida National Guard’s involvement in elections, in 2020, five Guard members assisted the Florida Department of State in supporting election officials with network cybersecurity. During the 2020 election, Governor DeSantis also activated Guard members to be pre-positioned across the state to assist local law enforcement and communities as needed.

Questions and Scenarios to Consider

This section offers a list of scenarios that involve federal officials and election administration. As this handbook does not provide legal advice, these scenarios may result in questions that are outside the scope of this document and should be addressed to an attorney.

Federal Presence

Federal officials — including armed, uniformed federal law enforcement officers or military personnel — could appear at in-person voting locations under various circumstances. Regardless of the reason, their appearance may cause concern or confusion. Federal presence in election settings has historically been rare and is subject to both federal and state limitations. Nevertheless, reviewing the applicable laws and regulations will help you to appropriately prepare and respond, if necessary.

Scenario: Federal officials or military personnel arrive at an in-person voting location to vote

Summary

Federal law protects the voting rights of federal officials and military personnel. State law, however, may restrict whether they may bring firearms into in-person voting locations. Additional jurisdictional questions may arise when polling sites are located on federal property, including within federal buildings.

Discussion

Federal law protects federal employees’ voting rights: 18 U.S.C. § 610 makes it a felony for “any person to intimidate, threaten, command, or coerce, or attempt to intimidate, threaten, command, or coerce, any employee of the Federal Government . . . to engage in, or not to engage in, any political activity, including, but not limited to, voting or refusing to vote for any candidate or measure in any election.” Because federal officials and military personnel are typically armed, their presence at in-person voting locations may still raise questions about applicable firearm restrictions and jurisdiction, particularly when an in-person voting location is located on federal property.

State law generally prohibits openly carrying a firearm (Fla. Stat. § 790.053(1)). It also generally prohibits carrying a concealed firearm without a license or without otherwise satisfying the statutory criteria for receiving and maintaining such a license (Fla. Stat. § 790.01(1), (3)). And, regardless of licensure, Florida law prohibits openly carrying a handgun or carrying a concealed firearm into polling places or locations that may serve as polling places, including schools, colleges, and universities (Fla. Stat. § 790.06(12)(a)6., 9.–11., 13.).

Notwithstanding these prohibitions, Florida law authorizes certain persons to own, possess, and lawfully use firearms for lawful purposes if they are not otherwise prohibited from owning or possessing a firearm under state or federal law, including members of the U.S. armed forces when on duty, training or preparing for military duty, or subject to recall or mobilization; “full-time paid peace officers of . . . the Federal Government who are carrying out official duties while in this state”; and “[o]fficers or employees of the . . . United States duly authorized to carry a concealed weapon or a concealed firearm” (Fla. Stat. § 790.25(2), (2)(a), (2)(d)–(e)). Florida law also exempts “law enforcement officers” from the licensing and penal provisions of Florida’s weapons-and-firearms statutory framework when acting within the scope or course of official duties or in the line or performance of duty (Fla. Stat. § 790.051). “[L]aw enforcement officer” includes U.S. officers or employees duly authorized to carry a concealed weapon, as well as members of the U.S. Armed Forces or organized reserves when on duty, preparing for, going to or from military duty, or under orders (Fla. Stat. § 790.001(12)(b)–(c)).

If an in-person voting location is located on federal property, that is, located on federal land (including military installations) or in federal buildings, jurisdictional issues may arise. Election officials may have less legal authority to mitigate potential concerns about federal presence at such sites than at other locations. In that setting, 18 U.S.C. § 930(a) — which prohibits carrying firearms in a federal facility (other than a federal court facility) — typically applies. However, this prohibition does not apply to federal officials, employees, and agents or to state and local law enforcement officers while undertaking “the lawful performance of official duties” (18 U.S.C. § 930(d)(1)).

Planning and Preparation Steps for Consideration
  • Review current policies that address access to in-person voting locations and speak with other election officials in your state about their policies.
  • Discuss your office’s policies with your counsel and law enforcement, including any relevant past concerns, challenges, or special considerations in your jurisdiction. Here is a guide for working with law enforcement to help keep elections, voters, and election infrastructure safe and secure.
  • Update policies as necessary. Additionally, discuss these policies with relevant stakeholders as appropriate, including federal government employee groups, local voting rights groups and other community groups, local military liaisons, and state officials.
  • Incorporate these policies into your training materials and other relevant documents.
  • Publish, post, and otherwise distribute these policies before and during in-person voting. Consider working with community groups, military and veterans’ groups, and federal officials in your area to help distribute this information.
  • Consider posting signage, where appropriate, regarding weapons prohibitions at in-person voting locations. The Center for Civic Design offers a guide with customizable gun safety signage templates.
  • Review in-person voting locations to determine whether any are located on federal property, including within federal buildings, and discuss the resulting list with your counsel to identify any special considerations that apply to these locations.
  • Meet with relevant federal officials in advance to discuss potential jurisdictional issues and agree on the rules and procedures that will apply during in-person voting. Formalize agreements as appropriate.
  • Contact your counsel and notify other election officials in your state of challenges that arise during the in-person voting period.

Scenario: Federal officials arrive at an in-person voting location to observe or monitor an election

Summary

Both the Department of Justice (DOJ) and Congress may deploy election observers or monitors. State restrictions on election observers may not apply. The application state laws that restrict election observers’ access and conduct will vary.

Discussion

The DOJ may deploy federal employees to in-person voting locations. These officials are often categorized as either federal observers or federal monitors. Congress has a separate program that may deploy congressional observers to in-person voting locations.

Federal observers. The DOJ has clear authority to deploy federal observers to locations “where there is a court order under Section 3(a) of the Voting Rights Act authorizing their presence.” Currently, the only jurisdictions that meet this requirement are in Louisiana (St. Landry Parish), New Jersey (Union County), and Rhode Island (city of Pawtucket). It is your responsibility to know whether a relevant court order is in place in your jurisdiction. Absent a court order, the DOJ lacks clear authority to deploy federal observers inside in-person voting locations.

Federal monitors. In the past, the DOJ has deployed federal monitors “to elections in communities all across the country.” In November 2020, the DOJ deployed monitors to 18 states, including Florida, where monitors were sent to Broward, Duval, Hillsborough, Miami-Dade, Orange, and Palm Beach Counties. In November 2024, the DOJ deployed monitors to voting locations in 27 states, including Florida, where monitors were sent to Broward, Miami-Dade, Orange, and Osceola Counties. The DOJ announced in July 2026 that it would send election monitors to 15 jurisdictions across Arizona, Massachusetts, Michigan, Minnesota, New Hampshire, and Virginia during upcoming primary elections. And in September 2026, the Department announced that it would send 1,000 monitors to “select locations around the country to observe the general election in November.

While the DOJ monitors “both federal and non-federal elections,” it has usually limited federal monitor deployments to Election Day. Deployed federal monitors have included DOJ attorneys and other department personnel. Federal election monitoring by the DOJ is typically coordinated by the Civil Rights Division, which informs the relevant election officials of any plans to send federal monitors and “maintain[s] contact with state and local election officials.”

In the absence of a federal statute clearly providing DOJ staff monitors access to polling locations, these monitors are generally subject to state laws governing access to the polls, which may include rules on credentialing, conduct, and where observers may be stationed. According to a 2018 report by the U.S. Commission on Civil Rights, the DOJ can “send its own staff to monitor elections, but they can only enter the polls if they have permission from the local jurisdiction.” State law does not authorize local election officials to grant permission to individuals who are not expressly authorized by federal or state law to enter a polling location. When permission has not been granted or is in question, some state election officials, including Missouri’s secretary of state and Texas’s attorney general, have requested a court order barring federal monitors inside polling locations when informed that jurisdictions in their states had been selected for federal monitoring. In Texas — which unlike St. Louis County had no prior settlement agreement with the DOJ authorizing federal monitoring — the department agreed to station observers outside of polling locations. After DOJ monitors attempted to access polling locations and voting equipment during the 2026 primary in Laramie County, Wyoming Governor Mark Gordon requested an investigation into their conduct.

Congressional observers. For “decades,” Congress has deployed election observers “to watch the administration of congressional elections in the states.” In 2024, Congress codified this practice by enacting the Confirmation of Congressional Observers Act, or COCOA (52 U.S.C. § 21083a), and published guidance on the congressional Election Observer Program. COCOA expressly authorizes Congress to send observers to “polling locations, any location where processing, scanning, tabulating, canvassing, recounting, auditing, or certifying voting results is occurring, or any other part of the process associated with elections for Federal office” (52 U.S.C. § 21083a(a)). Observers must be “House or Senate employee[s] designated in writing by the chair or ranking minority member of the Committee on House Administration . . . or the Committee on Rules and Administration of the Senate” (52 U.S.C. § 21083a(d)). COCOA establishes “specific guidelines for conduct and interactions between observers and election staff” and places restrictions on congressional election observers, including prohibitions on handling ballots or voting equipment.

COCOA states that the Qualifications Clause, holding that each house “shall be the Judge of the Elections, Returns and Qualifications of its own Members” (U.S. Const. art. I, § 5, cl. 1), and the Elections Clause, granting state legislatures authority over “the Times, Places and Manner of holding Elections for Senators and Representatives” but giving Congress the right to “at any time by Law make or alter such Regulations” (U.S. Const. art. I, § 4, cl. 1), grant Congress the authority for the program. The act explains that, under this authority, “regardless of legislative action, Congress has the authority to send congressional election observers.”

Shortly after COCOA’s passage, House Administration Committee chair Bryan Steil (R-WI) and ranking member Joseph Morelle (D-NY) sent a letter to the National Association of Counties outlining the congressional election observer program and the new legislation. While acknowledging that “states have the important responsibility of administering our federal elections,” the letter emphasized Congress’s “duty to ‘Judge the Elections, Returns and Qualifications of its own Members,’” and stated that “the House’s constitutional and statutory authority in this area supersedes state law.” More specifically, it stated that congressional observers “are to be provided ‘full access to clearly observe all elements of election administration procedures’ throughout the election process . . . even if state law credentialing, partisan quota, or access requirements exist to the contrary.”

In the past, program outreach to election officials in jurisdictions selected for election observation has been inconsistent. This has likely contributed to confusion that has at times resulted when congressional observers arrive with “credentials” that are issued by congressional committees but do not comport with state law — which often requires written authorization from a state or local political party or campaign official. On at least one occasion, after a congressional observer failed to provide credentials required under state law (but did provide a copy of a letter on House Administration Committee letterhead), a member of Congress publicly accused local election officials of “blocking entrance of Official House Election Observers.”

Importantly, COCOA also specifies the conditions under which state and local election officials can lawfully remove congressional election observers: when “a reasonable basis to believe that the designated congressional election observer has engaged in or imminently will engage in intimidation or deceptive practices prohibited by Federal law” exists.

Restrictions against interference. Federal and state laws prohibit federal officials from interfering or attempting to interfere in an election. 18 U.S.C. § 595 prohibits government employees from using official authority in connection with federally financed activity to interfere in a federal election. 18 U.S.C. § 598 prohibits the use of congressional appropriations “for the purpose of interfering with, restraining, or coercing” any individual in the exercise of their right to vote.

As for state law, Fla. Stat. § 104.0615(2)(d), (3)(c), (5) prohibits using or threatening force, violence, intimidation, or any tactic of coercion or intimidation to induce or compel an individual to refrain from acting as a legally authorized election official or poll watcher, and prohibits knowingly using false information to induce or attempt to induce an individual to refrain from acting as a legally authorized election official or poll watcher. Florida law also prohibits unauthorized persons from entering any polling room, polling place where the polling place is also a polling room, or early voting area during voting hours; soliciting voters inside the polling place or within 150 feet of specified election locations; and photographing in a polling room or early voting area (Fla. Stat. § 102.031(3)(a), (4)(a)–(b), (5)). Additional provisions prohibit any person other than a member of the election board from touching any ballot or ballot container, or interfering with or obstructing the orderly count of ballots, and prohibit certain persons authorized to observe, review, or inspect ballot materials or observe canvassing from releasing information about votes cast or election results before the polls close in that county on election day (Fla. Stat. § 101.5614(1), (8)); knowingly destroying, mutilating, or defacing a voter registration form or election ballot, or obstructing or delaying delivery of a voter registration form or election ballot (Fla. Stat. § 104.0615(4)–(5)); stealing, willfully and wrongfully breaking, destroying, mutilating, defacing, unlawfully moving, or unlawfully securing and detaining ballot boxes, tally sheets, returns, or other election papers or documents, or fraudulently making any entry or alteration in such materials (Fla. Stat. § 104.22); unlawfully possessing, tampering with, or attempting to tamper with or destroy voting systems, voting-system components, keys, or equipment with intent to interfere with the election process or election results (Fla. Stat. § 104.30(1)–(2)); wrongfully, during or before an election, removing, tearing down, destroying, or defacing ballots, voting booths, compartments, or voter-instruction cards (Fla. Stat. § 104.26); and using stickers or rubber stamps, or carrying into a voting booth any mechanical device, paper, or memorandum that might be used to adversely affect the normal election process (Fla. Stat. § 104.19(1)(a), (2)).

Moreover, Florida law protects voters against interference and intimidation. Fla. Stat. § 104.0515(3) prohibits any person, whether acting under “color of law or otherwise,” from intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce another person for the purpose of interfering with that person’s right to vote or not vote as the person chooses, or causing that person to vote or not vote for a candidate. Additional provisions prohibit using or threatening force, violence, intimidation, or tactics of coercion or intimidation to induce or compel an individual to vote or refrain from voting, or vote or refrain from voting for a particular individual or ballot measure (Fla. Stat. § 104.0615(2)(a)–(b)); and using bribery, menace, threat, or other corruption to influence, deceive, deter, or interfere with a voter in voting (Fla. Stat. § 104.061(1)). Florida also prohibits anyone other than election inspectors from speaking to a voter while the voter is casting a ballot (Fla. Stat. § 101.71(1)). Other provisions protect voters by prohibiting fraudulently changing or attempting to change a voter’s vote or ballot so as to prevent the voter from voting the ballot or voting it as intended, and willfully destroying or defacing the voter information card of a duly registered voter (Fla. Stat. §§ 104.21, 104.013(3)).

On top of these prohibitions, Florida law imposes certain restrictions on election observers subject to state law. Fla. Stat. § 101.131(1) prohibits poll watchers present on behalf of political parties or candidates from coming closer to the officials’ table or voting booths than reasonably necessary to perform poll-watching functions; obstructing the orderly conduct of an election; posing questions about polling-place procedures to anyone other than the clerk; or interacting with voters.

The application of state law requirements to federally authorized observers or monitors may be limited to the extent they are preempted by federal law. Contact your counsel to assess whether, and to what extent, these requirements may apply to federally authorized observers or monitors in your jurisdiction.

Planning and Preparation Steps for Consideration
  • Review relevant federal and state laws governing federal observers, federal monitors, congressional observers, and other observers and challengers.
  • Ask for a list of the names of the federal monitors or congressional election observers that are being deployed to your jurisdiction.
  • Speak with other local election officials (including those in other states) whose jurisdictions have been selected by the DOJ or Congress for observation or monitoring.
  • Discuss the possibility of federal observers, federal monitors, and congressional observers with your counsel. Discuss appropriate responses and policies — including whether any of the state law requirements discussed above may be preempted by federal law and therefore unenforceable — and communicate them with your staff.
  • Develop a public communications plan in case a federal observer, federal monitor, or congressional observer is denied access, including procedures for responding to media, voters, and other stakeholders.
  • If your office is contacted by the DOJ or Congress about observers or monitors, consider the following actions:
    • Contact your counsel. Inform local and state election official colleagues.
    • Ask for a list of the names of the monitors or observers being deployed to your jurisdiction.
    • Identify other jurisdictions that have been selected for observation or monitoring. Communicate challenges and successes.
    • Connect your counsel with similarly situated local election officials’ counsel.
    • Contact your congressional representative or senator.

Election Interference or Disruption

Attempts to interfere with the administration of safe and secure elections can take many forms, including unlawful attempts to seize election materials and voter intimidation. Federal and state laws strictly prohibit federal interference in elections. Historically, federal efforts to interfere in elections have been exceptionally rare. However, reviewing the applicable laws and regulations will help you to appropriately prepare and respond, if necessary.

Scenario: Law enforcement officials (or others) demand access to or attempt to seize voter data, election materials, or election equipment

Summary

State and local election officials are the custodians of election records and equipment. They operate within a complex legal framework that includes state statutes, federal law, and constitutional boundaries. Responding to requests for access, subpoenas, orders, and other demands for custody of election-related materials or equipment with clarity and consistency requires careful attention to those rules, and to the roles that different levels of government play in election administration.

Discussion

Under the U.S. Constitution, both states and Congress have responsibilities related to elections. Though Congress may set rules for federal elections, in practice, states manage voter registration, voting systems, and the broader infrastructure of election administration. No federal agency has blanket authority to intervene in or access election systems without legal process or specific statutory authorization. All requests — from any requestor — must respect the constitutional and statutory framework that preserves state and local control.

Federal law designates election officials as the custodians of “all records and papers which come into [their] possession relating to any application, registration, payment of poll tax, or other act requisite to voting,” requiring them to “preserve and maintain” these records for 22 months (52 U.S.C. § 20701). The Department of Justice has advised that election-related records must remain under election officials’ supervision, thereby limiting conditions under which others may be granted access.

Federal and state laws may limit the information that Florida election officials are required to or prohibited from providing to federal officials. For example, 52 U.S.C. § 20703 requires custodians to make election records “available for inspection, reproduction, and copying at the principal office of such custodian,” but only if the attorney general makes a demand “in writing . . . [that includes] a statement of the basis and the purpose therefor.” And while state law makes registration records available for public inspection (Fla. Const. art. I, § 24(a); Fla. Stat. § 119.07(1)), it prohibits disclosure of certain voter registration information or using it for purposes other than voter registration — including declinations to register to vote, information about where a person registered or updated a registration, Social Security numbers, driver’s license numbers, Florida identification numbers, and information concerning preregistered applicants who are 16 or 17 years old — except to another governmental entity when necessary to perform duties directly related to election administration (Fla. Stat. § 97.0585(1), (3)).

In the summer of 2025, the DOJ Civil Rights Division requested Florida’s statewide voter registration list. In December 2025, Florida indicated that it planned to provide its statewide voter registration list to DOJ by mid-January and expected that “Florida’s list and all data therein will be maintained according to the highest security requirements under state and federal law and then properly destroyed once [DOJ’s] review is complete.” Check with your counsel on the status of any agreement or arrangement to share voter data with DOJ.

In several other states, federal officials have also sought access to election-related materials beyond statewide voter registration lists, including voter data, election materials, and election equipment. For example, a DOJ official reportedly requested access to voting machines in two Missouri counties. In Arizona, a state senator produced records related to the state Senate’s audit of the 2020 election in Maricopa County in response to an FBI grand jury subpoena. The DOJ has also demanded 2024 ballots and other election materials from Wayne County, Michigan. The FBI has seized materials related to the 2020 federal election from Fulton County, Georgia. And the Department of Homeland Security (DHS) reportedly sought and obtained voter records from at least six Ohio counties; in Franklin County, DHS confirmed it was investigating possible voter fraud and requested records of dozens of voters.

Separately, federal and state laws prohibit anyone, including federal officials, from interfering in an election. 18 U.S.C. § 595 prohibits government employees from using official authority in connection with federally financed activity to interfere in a federal election, and 18 U.S.C. § 598 prohibits the use of congressional appropriations “for the purpose of interfering with, restraining, or coercing any individual in the exercise of his right to vote.”

As for state law, Fla. Stat. § 104.0615(2)(d), (3)(c), (5) prohibits using or threatening force, violence, intimidation, or any tactic of coercion or intimidation to induce or compel an individual to refrain from acting as a legally authorized election official or poll watcher, and prohibits knowingly using false information to induce or attempt to induce an individual to refrain from acting as a legally authorized election official or poll watcher. Florida law also prohibits unauthorized persons from entering any polling room, polling place where the polling place is also a polling room, or early voting area during voting hours; soliciting voters inside the polling place or within 150 feet of specified election locations; and photographing in a polling room or early voting area (Fla. Stat. § 102.031(3)(a), (4)(a)–(b), (5)). Additional provisions prohibit any person other than a member of the election board from touching any ballot or ballot container, or interfering with or obstructing the orderly count of ballots, and prohibit certain persons authorized to observe, review, or inspect ballot materials or observe canvassing from releasing information about votes cast or election results before the polls close in that county on election day (Fla. Stat. § 101.5614(1), (8)); knowingly destroying, mutilating, or defacing a voter registration form or election ballot, or obstructing or delaying delivery of a voter registration form or election ballot (Fla. Stat. § 104.0615(4)–(5)); stealing, willfully and wrongfully breaking, destroying, mutilating, defacing, unlawfully moving, or unlawfully securing and detaining ballot boxes, tally sheets, returns, or other election papers or documents, or fraudulently making any entry or alteration in such materials (Fla. Stat. § 104.22); unlawfully possessing, tampering with, or attempting to tamper with or destroy voting systems, voting-system components, keys, or equipment with intent to interfere with the election process or election results (Fla. Stat. § 104.30(1)–(2)); wrongfully, during or before an election, removing, tearing down, destroying, or defacing ballots, voting booths, compartments, or voter-instruction cards (Fla. Stat. § 104.26); and using stickers or rubber stamps, or carrying into a voting booth any mechanical device, paper, or memorandum that might be used to adversely affect the normal election process (Fla. Stat. § 104.19(1)(a), (2)).

Planning and Preparation Steps for Consideration
  • Consult with your counsel to review policies and protocols for restrictions on and best practices for managing access to voter data, election materials, and election equipment, along with any recent court rulings addressing law enforcement demands or attempts to obtain such access. Inform your counsel of any relevant past concerns, challenges, or special considerations in your jurisdiction.
  • Consider documenting a procedure plan in consultation with counsel and other election officials if presented with a demand for voter data, election materials, or election equipment.
  • Any response to federal efforts to access or obtain voter data, election materials, or election equipment should be structured in a way that preserves the security of election materials and equipment, protects voter privacy, and avoids unnecessary disruption to voting, canvassing, or certification processes.
  • It is important to note, however, that if federal officials present a warrant signed by a judge, judicially approved warrants generally require prompt compliance, and it may be a crime to resist or interfere with their execution. Nonetheless, you should still contact your counsel without delay.
  • If access to voter data, election materials, or election equipment is provided in response to a subpoena or warrant, consult with counsel on how to obtain judicial oversight to ensure the security of those records, materials, and systems.
  • Prepare a communications plan to address public concerns, media inquiries, or disinformation about the custody, storage, or security of election materials and equipment, including by explaining applicable legal obligations and safeguards where appropriate.
  • Clearly mark public areas, restricted zones, employee-only spaces, and designated observation points to help manage in-person requests, maintain order, and protect secure environments.
  • When appropriate, consult with the Florida Supervisors of Elections, the Division of Elections in the Florida Department of State, and other trusted and experienced state and local election officials for advice on efficiently fielding similar requests. Sharing information may also help other officials facing similar situations.

Scenario: Armed federal officials or troops are deployed to a voting location

Summary

Deployments of armed federal officials or military personnel to voting locations may implicate federal and state restrictions on armed personnel and firearms. Laws prohibiting voter intimidation and election interference may also apply.

Discussion

On its face, 18 U.S.C. § 592 makes it a felony for federal civil servants to order, bring, keep, or have under their control armed federal law enforcement officials at any polling location unless that location is under armed foreign attack. Given that federal law enforcement officials — including U.S. Immigration and Customs Enforcement (ICE) agents — are typically armed, this prohibition would usually prohibit their deployment to in-person voting locations. Notably, although 18 U.S.C. § 592 was enacted well after the passage of the Insurrection Act, it does not provide an exemption for troops deployed pursuant to the act.

As explained above, Florida law generally restricts firearms at election-related locations by prohibiting open carry, unlicensed concealed carry, and, regardless of licensure, open carry of a handgun or a concealed firearm into polling places and certain educational facilities that may serve as polling places (Fla. Stat. §§ 790.053(1), 790.01(1), (3), 790.06(12)(a)). Those restrictions are subject to exceptions for certain federal personnel, including members of the U.S. armed forces when on duty, training or preparing for military duty, or subject to recall or mobilization; full-time paid federal peace officers carrying out official duties in Florida; and U.S. officers or employees duly authorized to carry a concealed weapon or firearm (Fla. Stat. § 790.25(2), (2)(a), (2)(d)–(e)). Florida also exempts “law enforcement officers,” including certain U.S. officers or employees and members of the U.S. Armed Forces or organized reserves, from the licensing and penal provisions of Florida’s weapons-and-firearms statutory framework when acting within the scope or course of official duties or in the line or performance of duty (Fla. Stat. §§ 790.051, 790.001(12)(b)–(c)).

Florida law also imposes firearm restrictions on school property. Fla. Stat. § 790.115(1) prohibits exhibiting a firearm in a rude, careless, angry, or threatening manner, and not in lawful self-defense, on the grounds or facilities of any school. The statute also prohibits willfully and knowingly possessing a firearm on school property (Fla. Stat. § 790.115(2)(a), (2)(c)1.). And it prohibits discharging a firearm while unlawfully possessing it on school property unless done in lawful defense of self or another or for another lawful purpose (Fla. Stat. § 790.115(2)(d)). Although the statute exempts “law enforcement officer[s],” that exemption generally covers state, local, and related Florida criminal justice officers, not federal officials or federal military personnel (Fla. Stat. §§ 790.115(3), 943.10(1)–(4), (6)–(9), (14)). However, Florida’s exemption discussed above for “law enforcement officers” from the licensing and penal provisions of Florida’s weapons and firearms statutory framework may apply where a covered federal officer, employee, or service member is acting within the scope or course of official duties or in the line or performance of duty (Fla. Stat. §§ 790.051, 790.001(12)(b)–(c)).

Furthermore, Florida law prohibits a person having or carrying a firearm from exhibiting it in the presence of another person in a rude, careless, angry, or threatening manner, and not in necessary self-defense (Fla. Stat. § 790.10). Florida’s open-carry statute contains a similar restriction: Although a person authorized to carry a concealed firearm may briefly and openly display it without violating the open-carry prohibition, that limited allowance does not apply if the firearm is intentionally displayed in an angry or threatening manner and not in necessary self-defense (Fla. Stat. § 790.053(1)). However, certain federal officers, employees, and service members may be exempted as “law enforcement officers” if they are acting within the scope or course of official duties or in the line or performance of duty (Fla. Stat. §§ 790.051, 790.001(12)(b)–(c)). Additionally, Fla. Stat. § 784.021(1)(a) prohibits assault with a deadly weapon without intent to kill. This provision does not contain any exemptions. Consequently, this provision might apply to conduct by armed federal personnel that exceeds lawful authority.

Separately, Section 11(b) of the Voting Rights Act of 1965 (52 U.S.C. § 10307(b)) prohibits anyone from intimidating, threatening, or coercing — or attempting to intimidate, threaten, or coerce — voters or those urging or aiding others to vote, whether or not the intent is to intimidate. Courts have consistently recognized that Section 11(b) creates a private right of action, allowing private plaintiffs, including voters, to obtain relief against voter intimidation.

While Florida law lacks a similar provision containing a private right of action, it prohibits conduct that interferes with or intimidates voters. Fla. Stat. § 104.0515(3) prohibits any person, whether acting under “color of law or otherwise,” from intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce another person for the purpose of interfering with that person’s right to vote or not vote as they choose, or causing that person to vote or not vote for a candidate. Additional provisions prohibit using or threatening force, violence, intimidation, or tactics of coercion or intimidation to induce or compel an individual to vote or refrain from voting, or vote or refrain from voting for a particular individual or ballot measure (Fla. Stat. § 104.0615(2)(a)–(b), (5)); and using bribery, menace, threat, or other corruption to influence, deceive, deter, or interfere with a voter in voting (Fla. Stat. § 104.061(1)). Florida also prohibits anyone other than election inspectors from speaking to a voter while the voter is casting a ballot (Fla. Stat. § 101.71(1)). Other provisions protect voters by prohibiting fraudulently changing or attempting to change a voter’s vote or ballot so as to prevent the voter from voting the ballot or voting it as intended, and willfully destroying or defacing the voter information card of a duly registered voter (Fla. Stat. §§ 104.21, 104.013(3)–(4)).

Additionally, Florida law targets those who would interfere with election administration, including by intimidating election officials. Fla. Stat. § 104.0615(2)(d), (3)(c), (5) prohibits using or threatening force, violence, intimidation, or any tactic of coercion or intimidation to induce or compel an individual to refrain from acting as a legally authorized election official or poll watcher, and prohibits knowingly using false information to induce or attempt to induce an individual to refrain from acting as a legally authorized election official or poll watcher. Florida law also prohibits unauthorized persons from entering any polling room, polling place where the polling place is also a polling room, or early voting area during voting hours; soliciting voters inside the polling place or within 150 feet of specified election locations; and photographing in a polling room or early voting area (Fla. Stat. § 102.031(3)(a), (4)(a)–(b), (5)). Additional provisions prohibit any person other than a member of the election board from touching any ballot or ballot container, or interfering with or obstructing the orderly count of ballots, and prohibit certain persons authorized to observe, review, or inspect ballot materials or observe canvassing from releasing information about votes cast or election results before the polls close in that county on election day (Fla. Stat. § 101.5614(1), (8)); knowingly destroying, mutilating, or defacing a voter registration form or election ballot, or obstructing or delaying delivery of a voter registration form or election ballot (Fla. Stat. § 104.0615(4)–(5)); stealing, willfully and wrongfully breaking, destroying, mutilating, defacing, unlawfully moving, or unlawfully securing and detaining ballot boxes, tally sheets, returns, or other election papers or documents, or fraudulently making any entry or alteration in such materials (Fla. Stat. § 104.22); unlawfully possessing, tampering with, or attempting to tamper with or destroy voting systems, voting-system components, keys, or equipment with intent to interfere with the election process or election results (Fla. Stat. § 104.30(1)–(2)); wrongfully, during or before an election, removing, tearing down, destroying, or defacing ballots, voting booths, compartments, or voter-instruction cards (Fla. Stat. § 104.26); and using stickers or rubber stamps, or carrying into a voting booth any mechanical device, paper, or memorandum that might be used to adversely affect the normal election process (Fla. Stat. § 104.19(1)(a), (2)).

Finally, state law provides election officials with authority to respond to conduct that may involve voter intimidation or disruption at polling places. Election boards have “full authority to maintain order at the polls” and enforce obedience to their lawful commands during an election and canvass, while the sheriff must deputize a deputy sheriff for each polling place and early voting site, who must be present while voting is ongoing and until the election is completed, remain subject to the lawful commands of the clerk or inspectors, and maintain good order (Fla. Stat. § 102.031(1)–(2)). A deputized deputy may summon assistance from bystanders when necessary to maintain peace and order at the polls or early voting sites, and the supervisor of elections or clerk may take reasonable action necessary to ensure order at polling places, including having disruptive and unruly persons removed by law enforcement from the polling room, polling place, or 150-foot no-solicitation zone (Fla. Stat. § 102.031(2), (4)(c)). At the same time, Florida law restricts law enforcement presence in polling places: law enforcement officers and emergency service personnel may enter a polling room, polling place that is also a polling room, or early voting area during voting hours only with permission from the clerk or a majority of the inspectors, and sheriffs, deputy sheriffs, police officers, special officers, and other officers of the law may not enter a polling place without such permission except to cast their own ballots (Fla. Stat. §§ 102.031(3)(a)6., 102.101).

Planning and Preparation Steps for Consideration
  • Consult with your counsel about the possibility of armed federal officials or troops being deployed to election facilities.
  • Reach out to entities where voting locations are sited (e.g., schools, community centers, and nursing homes) to discuss their policies regarding access to those engaged in immigration enforcement on site and the applicability of those policies during the voting period.
  • Consider listing prohibitions on firearms, intimidation, deterrence, and obstruction on signage posted at election facilities. The Center for Civic Design offers a guide with customizable gun safety signage templates.
  • Provide or cite the above-mentioned statutes when responding to concerns about armed federal officials or troops at election facilities.
  • Keep abreast of developments in cases involving deployment of armed federal officials or troops and evaluate with your counsel to determine whether policy changes are warranted.
  • Contact your counsel if any issues arise.

Scenario: Federal agents are deployed to communities

Summary

Increased and visible deployment of federal agents to communities during the early voting period and on Election Day could have a chilling effect on eligible voters. State and federal voter intimidation laws may apply.

Discussion

Florida prohibits a person having or carrying a firearm from exhibiting it in the presence of another person in a rude, careless, angry, or threatening manner, except in necessary self-defense (Fla. Stat. § 790.10). Florida’s open-carry statute contains a similar restriction: although a person authorized to carry a concealed firearm may briefly and openly display it without violating the open-carry prohibition, that limited allowance does not apply if the firearm is intentionally displayed in an angry or threatening manner and not in necessary self-defense (Fla. Stat. § 790.053(1)). Section 790.051 may once again exempt certain federal officers, employees, and service members as “law enforcement officers” if they are acting within the scope or course of official duties or in the line or performance of duty (Fla. Stat. §§ 790.051, 790.001(12)(b)–(c)).

Florida also prohibits assault with a deadly weapon without intent to kill (Fla. Stat. § 784.021(1)(a)). The provision does not contain any exemptions. Consequently, this provision might apply to conduct by armed federal personnel that exceeds lawful authority.

Separately, Section 11(b) of the Voting Rights Act of 1965 (52 U.S.C. § 10307(b)) prohibits anyone from intimidating, threatening, or coercing — or attempting to intimidate, threaten, or coerce — voters or those who are urging or aiding others to vote, whether or not the actor intends to intimidate. Courts have consistently recognized that Section 11(b) creates a private right of action, allowing private plaintiffs, including voters, to obtain relief against voter intimidation.

While Florida law lacks a similar provision containing a private right of action, it prohibits conduct that interferes with or intimidates voters. Fla. Stat. § 104.0515(3), (5) prohibits any person, whether acting under “color of law or otherwise,” from intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce another person for the purpose of interfering with that person’s right to vote or not vote as the person chooses, or causing that person to vote or not vote for a candidate. Additional provisions prohibit using or threatening force, violence, intimidation, or tactics of coercion or intimidation to induce or compel an individual to vote or refrain from voting, or vote or refrain from voting for a particular individual or ballot measure (Fla. Stat. § 104.0615(2)(a)–(b), (5)); and using bribery, menace, threat, or other corruption to influence, deceive, deter, or interfere with a voter in voting (Fla. Stat. § 104.061(1)). Florida also prohibits anyone other than election inspectors from speaking to a voter while the voter is casting a ballot (Fla. Stat. § 101.71(1)). Other provisions protect voters by prohibiting fraudulently changing or attempting to change a voter’s vote or ballot so as to prevent the voter from voting the ballot or voting it as intended, and willfully destroying or defacing the voter information card of a duly registered voter (Fla. Stat. §§ 104.21, 104.013(3)–(4)).

Planning and Preparation Steps for Consideration
  • Reach out to community groups, including immigrants’ rights groups, and local leadership (e.g., the mayor’s office and school superintendent) to understand your role in helping eligible voters in your community feel safe exercising their right to vote.
  • Review any public education materials on this matter with local counsel to ensure accuracy and legality.
  • Contact your counsel if any issues arise.

Scenario: Ongoing shifts in USPS operations may increase delays in mail-ballot delivery

Summary

The U.S. Postal Service is responsible for processing, transporting, and delivering the nation’s election mail safely, securely, and on time. Ongoing operational changes may delay delivery of mail ballots.

Discussion

Public confidence in election mail is a crucial component of free and fair U.S. elections. The Postal Service plays a vital role in sustaining that confidence by reliably delivering election mail. Election mail encompasses “any item mailed to or from authorized election officials that enables citizens to participate in the voting process — including ballots, voter registration cards, absentee voting applications and polling place notifications.” Recent and proposed operational changes in how USPS handles election mail could affect delivery of mail ballots.

One such change is that USPS has consolidated processing into fewer regional facilities, which means that mail in many areas now travels farther to reach a regional processing center. Another change is that mail dropped off at post offices or collection boxes more than 50 miles from a regional hub now may not be collected until the next day. Because mail is postmarked when it reaches a processing facility — not when it is dropped off — these changes may delay postmarking and, in turn, ballot delivery. USPS itself has acknowledged that the gap between mailing and postmarking “has and will become more common” as a result of these changes.

USPS has also adopted new requirements that, if implemented, could affect the timing of ballot delivery. In August 2026, the Postal Service issued a final rule to implement an executive order. The rule imposes new design and tracking requirements for ballots mailed during federal general, special, and runoff elections and requires state-specific participation lists containing voter names and associated, individualized barcodes. USPS would use those lists and barcodes to verify outbound ballot mail before accepting it. Litigation over the final rule and underlying executive order remains ongoing, but these requirements are currently blocked. Check with your counsel as to the status of the litigation.

Even if this rule takes effect, USPS’s governance structure may make rapid implementation uncertain. Unlike most executive agencies, which are led by a single presidentially appointed, Senate-confirmed head, USPS is an “independent establishment of the executive branch” overseen by a bipartisan board of governors (39 U.S.C. § 201). Guided by statute and its bylaws, which require USPS to deliver all mail inducted into its network across all delivery points in the U.S. (39 U.S.C. § 101), the board directs USPS’s powers, reviews Postal Service practices and policies, controls Postal Service expenditures, and selects and may remove the Postmaster General (39 U.S.C. § 202). The Postmaster General, “as directed by the board . . . directs the powers of USPS except for those matters reserved for either the board or the governors.” For example, the “[a]pproval of official statements adopting major policy positions and of official positions on legislative proposals having a major impact on USPS” is a responsibility “[r]eserved for [d]ecision by the [b]oard.”

Taken together, these operational developments make planning for potential delays in mail-ballot delivery challenging, as illustrated by recent experience in Wisconsin. After the state’s April 2026 election, nearly two-thirds of Wisconsin county and municipal clerks responding to a survey reported mail delivery issues, and many said that mail-in ballots took seven to ten business days to arrive rather than the standard three to five. USPS has stated that it plans to take “extraordinary measures” in the days leading up to the 2026 general election to “accelerate the delivery of ballots when the Postal Service is able to identify the mail piece as a ballot,” as it says it has done in every general election since 2020. Although extraordinary measures can expedite ballot handling and allow for extra deliveries and special pickups, they would not alter the underlying changes in postal operations affecting ballot delivery that are discussed above.

Election officials can prepare for and respond to mail service interruptions or delays such as these by strengthening the parts of the process they can control — for example, by mailing ballots to voters as early as practicable; informing voters that they may mail or deliver their ballot to their election supervisor’s office or drop it off at an authorized ballot drop box available at each early voting location; and publicly communicating when voters should return mail ballots to ensure that they are counted.

Planning and Preparation Steps for Consideration
  • Identify election mail policies and procedures that your office can control, such as voted ballot return envelope design. Review these policies and assess whether changes are appropriate in your jurisdiction.
  • Meet with your local postmaster to share bulk-mailing drop-ship dates and estimated mail volume; troubleshoot issues from previous election cycles and identify any challenges that could arise under current USPS delivery policies; and discuss whether and how “extraordinary measures” will be implemented in your jurisdiction during the upcoming general election.
  • Encourage voters to confirm that their address information is up-to-date and make a plan for how they will vote. If that plan includes using a mail ballot, encourage them to return completed ballots as early as possible and to use alternatives to the mail where available, such as a ballot drop box.
  • If your office uses ballot-tracking services or tools, regularly monitor the data for service anomalies and trends, and communicate any issues promptly to USPS officials.
  • Consult your counsel right away if you observe significant or unexpected delays in election mail delivery, or if federal officials seek to withhold election mail.
  • Report problems to USPS at https://electionmail.usps.com/s/report-a-problem, and be proactive in following up with USPS officials regarding service issues.
  • Share information about service interruptions or delays with local colleagues and other election officials.

The information in this handbook is provided for general informational purposes only and does not constitute legal advice. You should consult a qualified attorney for advice regarding your particular situation.

More from the State Election Law Interference Handbooks series