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, ballot drop boxes, election offices, or other election facilities under various circumstances. Regardless of the reason, their appearance may cause concern or confusion. As federal presence in election settings has historically been rare and is subject to both federal and state limitations, reviewing the applicable laws and regulations will help you to appropriately prepare and respond, if necessary.
Scenario: Federal law enforcement officials or military personnel arrive at an in-person voting location to vote
Summary
Federal law protects the voting rights of federal law enforcement 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 law enforcement 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.
Md. Code Ann., Crim. Law § 4–203(a)(1)(i), (b)(2) prohibits wearing, carrying, or transporting a handgun on or about one’s person, whether openly or concealed, unless an individual has a permit to carry a concealed weapon. However, the provision exempts federal law enforcement and military personnel who are “authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person’s official equipment” (Md. Code Ann., Crim. Law § 4–203(b)(1)(i), (ii)). And it permits wearing, carrying, or transporting a handgun “in connection with an organized military activity” if the handgun is unloaded and carried in an enclosed case or enclosed holster (Md. Code Ann., Crim. Law § 4–203(b)(4)).
Additionally, Md. Code Ann., Crim. Law § 4–111(a)(4)(iii), (d)(1) prohibits wearing, carrying, or transporting a firearm in locations currently being used as polling places, but this prohibition does not apply to federal law enforcement officials, on-duty employees of law enforcement agencies, or service members who are on duty or traveling to or from duty (Md. Code Ann., Crim. Law § 4–111(a)(5), (6), (8), (b)(1)–(3)).
Furthermore, Md. Code Ann., Crim. Law § 4–102(b) prohibits carrying or possessing a firearm, on public school property, which may also serve as a polling site. The provision exempts “a law enforcement officer in the regular course of the officer’s duty” (Md. Code Ann., Crim. Law § 4–102(a)(1)). The statute does not define “law enforcement officer,” so federal law enforcement officials might be covered. The provision also exempts as an off-duty or retired law enforcement officer in good standing from a U.S. law enforcement agency who is a parent, guardian, or visitor of a student attending a school located on the public school property, provided that the officer displays a badge or credential, the weapon is concealed, and the officer is authorized to carry a concealed handgun in Maryland (Md. Code Ann., Crim. Law § 4–102(a)(2)).
Separately, local jurisdictions can regulate firearm possession “within 100 yards of or in a park, church, school, public building, and other place of public assembly” (Md. Code Ann., Crim. Law § 4–209(a), (b)(1)(iii)). For instance, Montgomery County prohibits possessing or transporting firearms in or within 100 yards of a “place of public assembly,” defined to include schools, government buildings, polling places, courthouses, and associated property such as parking lots and grounds (Montgomery Cnty., Md., Code §§ 57–1, 57–11(a)). The ordinance exempts “law enforcement officer[s]” and security guards licensed to carry firearms but does not define “law enforcement officer,” so federal law enforcement officials might be covered.
If an in-person voting location is located on federal property, that is, located on federal land (including a military installation) or in a federal building, 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, law enforcement, and the State Board of Elections, 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 law enforcement officials or military personnel arrive at an election facility to conduct routine business
Summary
Federal law enforcement officials or military personnel may arrive at in-person voting locations, ballot drop boxes, election offices, or other election facilities to conduct routine business. State and federal laws, however, may restrict whether they may appear armed at election facilities. Additional jurisdictional questions may arise when these sites are located on federal property, including within federal buildings.
Discussion
As an initial matter, Maryland law permits voters to return absentee ballots by mailing them to their county elections board office; delivering them to a county board office, early voting center, or polling place; or depositing them in a ballot drop box (Md. Code Ann., Elec. Law § 9–310.1(a); Md. Code Regs. 33.11.03.06(G)).
Federal law enforcement officials or military personnel appearing at in-person voting locations, absentee ballot drop-off sites, ballot drop boxes, election offices, or other election facilities to conduct routine business are typically armed.
Md. Code Ann., Crim. Law § 4–203(a)(1)(i), (b)(2) prohibits wearing, carrying, or transporting a handgun on or about one’s person, whether openly or concealed, unless an individual has a permit to carry a concealed weapon. However, the provision exempts federal law enforcement and military personnel who are “authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person’s official equipment” (Md. Code Ann., Crim. Law § 4–203(b)(1)(i), (ii)). And it permits wearing, carrying, or transporting a handgun “in connection with an organized military activity” if the handgun is unloaded and carried in an enclosed case or enclosed holster (Md. Code Ann., Crim. Law § 4–203(b)(4)).
Additionally, Md. Code Ann., Crim. Law § 4–111(a)(4)(iii), (d)(1) prohibits wearing, carrying, or transporting a firearm in locations currently being used as polling places and ballot canvassing sites. However, this prohibition does not apply to federal law enforcement officials, on-duty employees of law enforcement agencies, or service members who are on duty or traveling to or from duty (Md. Code Ann., Crim. Law § 4–111(a)(5), (6), (8), (b)(1)–(3)).
Furthermore, Md. Code Ann., Crim. Law § 4–102(b) prohibits carrying or possessing a firearm, on public school property, which may also serve as a polling site. The provision exempts “a law enforcement officer in the regular course of the officer’s duty” (Md. Code Ann., Crim. Law § 4–102(a)(1)). The statute does not define “law enforcement officer,” so federal law enforcement officials might be covered. The provision also exempts as an off-duty or retired law enforcement officer in good standing from a U.S. law enforcement agency who is a parent, guardian, or visitor of a student attending a school located on the public school property, provided that the officer displays a badge or credential, the weapon is concealed, and the officer is authorized to carry a concealed handgun in Maryland (Md. Code Ann., Crim. Law § 4–102(a)(2)).
Maryland regulations separately prohibit an individual from visibly possessing, visibly carrying, or brandishing a firearm within the electioneering boundary around a ballot drop box, which generally must be posted as near as practicable to 50 feet from the receptacle unless the drop box is within a polling place’s electioneering boundary (Md. Code Regs. 33.11.01.04(D), (F)(1)). The regulation permits “[a] law enforcement officer or security guard who is on duty or traveling to or from duty” to drop off materials at the drop box (Md. Code Regs. 33.11.01.04(F)(2)).
Separately, local jurisdictions can regulate firearm possession “within 100 yards of or in a park, church, school, public building, and other place of public assembly” (Md. Code Ann., Crim. Law § 4–209(a), (b)(1)(iii)). For instance, Montgomery County prohibits possessing or transporting firearms in or within 100 yards of a “place of public assembly,” defined to include schools, government buildings, polling places, courthouses, and associated property such as parking lots and grounds (Montgomery Cnty., Md., Code §§ 57–1, 57–11(a)). The ordinance exempts law enforcement officer[s] and security guards licensed to carry firearms but does not define “law enforcement officer,” so federal law enforcement officials might be covered.
If an in-person voting location or or ballot drop box is located on federal property, that is, located on federal land (including a military installation) or in a federal building, 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, law enforcement, and the State Board of Elections, 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, ballot drop boxes, election offices, or other election facilities. The Center for Civic Design offers a guide with customizable gun safety signage templates.
- Review in-person voting locations and ballot drop box sites 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. Federal and state laws prohibit interfering with election administration and intimidating voters. The application of these state law restrictions to federally authorized observers or monitors may be limited to the extent they are preempted by federal law.
Discussion
The DOJ may deploy federal employees to in-person voting locations. The deployed federal 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.” For example, in November 2020, it deployed monitors to 18 states, including Maryland, where monitors were sent to Montgomery County. In November 2024, the DOJ deployed monitors to voting locations in 27 states, including Maryland, where monitors were sent to Prince George’s County. The department announced in July 2026 that it would send election monitors to 15 jurisdictions across Arizona, Massachusetts, Michigan, Minnesota, New Hampshire, and Virginia during primary elections. And in September 2026, it 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.” In Maryland, election judges must limit access to the voting room at a polling place to voters; individuals assisting or accompanying voters as permitted by law; polling place staff; members or representatives of the State Board of Elections or local board; accredited watchers or challengers; and any other individual authorized by the State Board of Elections or local board (Md. Code Ann., Elec. Law § 10–308(a), (b)). When access to polling sites 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 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 (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 congressional 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 that 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, Md. Code Ann., Elect. Law § 16–204(a) prohibits hindering or impeding the conduct of official election activities by breach of the peace, disorder, violence, or threat of violence; Md. Code Ann., Elec. Law § 16–205(a) prohibits interfering with election officials in the performance of their official duties or with individuals lawfully present at a polling place or at the canvass of votes; and Md. Code Ann., Elec. Law § 16–904(b) prohibits knowingly and willfully making a threat to harm an election official or their immediate family member because of the official’s role in administering election processes. Additional provisions prohibit tampering with election records (Md. Code Ann., Elec. Law § 16–302(a)); unlocking any locked compartment of a voting device unless instructed to do so by the election director, or removing a ballot from a building in which voting occurs without authorization (Md. Code Ann., Elec. Law § 16–206(a)(5), (7); destroying, defacing, falsifying, removing, or concealing any record related to voting, or making a fraudulent entry or alteration of any record related to voting or abetting another person in doing so (Md. Code Ann., Elec. Law § 16–701(a)); concealing, damaging, or destroying voting equipment used or intended to be used on Election Day, or removing voting equipment from the custody of election judges or other election officials (Md. Code Ann., Elec. Law § 16–801(a); tampering with, damaging, or attempting to damage any voting equipment that is used or will be used in an election, or preventing or attempting to prevent the correct operation of any voting equipment (Md. Code Ann., Elec. Law § 16–802(a)); and willfully and knowingly accessing or tampering with the hardware, system components, or software of an electronic voting system for the purpose of affecting the vote count (Md. Code Ann., Elec. Law § 16–804(a)).
Moreover, Maryland law protects voters against intimidation. Md. Code Ann., Elec. Law § 16–201(b)(5)–(7) prohibits willfully and knowingly using force, fraud, threats, menace, intimidation, bribery, reward, or an offer of reward to influence or attempt to influence a voter’s vote or their decision whether to go to the polls, and it also prohibits conduct that results in or is intended to result in the denial or abridgement of the right to vote on account of race, color, or disability. State law also prohibits interfering or attempting to interfere with a voter inside the polling room, marking a ballot, or operating voting equipment, or inducing or attempting to induce a voter to mark their ballot in a particular way (Md. Code Ann., Elec. Law § 16–206(a)(3)–(4)).
On top of these prohibitions, Maryland law imposes certain restrictions on election challengers and watchers subject to state law. As an initial matter, Maryland distinguishes between accredited and nonaccredited challengers and watchers. Accredited challengers and watchers are registered voters formally designated by the State Board of Elections, a local board, a candidate, a political party, a political committee, or a person required to file independent-expenditure or electioneering-communication reports, and they may enter a polling place or early voting center one-half hour before the polls open, be present while the polls are open, and remain until completion of the poll-closing process and the election judges leave the polling place or early voting center (Md. Code Ann., Elec. Law § 10–311(a)(1), (b)(1)–(3)). Nonaccredited challengers and watchers may enter the polling place or early voting center only to challenge a voter’s right to vote, may be limited in number, and must leave once the challenge is decided (Md. Code Ann., Elec. Law § 10–311(e)(1)–(3)). Maryland law prohibits accredited and nonaccredited challengers and watchers from attempting to ascertain how a voter voted or intends to vote, conversing with voters in the polling place or early voting center, assisting voters in voting, or physically handling original election documents or voting equipment (Md. Code Ann., Elec. Law § 10–311(d)(1), (e)(4)). It also authorizes an election judge or local election director to eject a challenger or watcher who violates these prohibitions (Md. Code Ann., Elec. Law § 10–311(d)(2)).
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 and the State Board of Elections 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 and the State Board of Elections. 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 consultation with the State Board of Elections 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 and the State Board of Elections. 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 and ensure that your counsel has also consulted with the State Board of Elections.
- 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) request, demand, 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,” and requires them to “preserve and maintain” these records for 22 months (52 U.S.C. § 20701). The Department of Justice (DOJ) 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 local Maryland 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 Maryland law requires voter registration records stored and retained in county elections board offices to be open to public inspection, it requires voter registration volunteers and individuals assisting others in registering to refrain from copying or collecting Maryland driver’s license numbers, Maryland identification numbers, Social Security numbers, or other information on a voter registration application that is protected from public disclosure (Md. Code Ann., Elec. Law §§ 3–205(1), 3–505(b)(1)).
In July 2025, the Department of Justice (DOJ) requested Maryland’s statewide voter registration list, including all private voter data. After Maryland questioned the reason for the request and noted that voters’ personal information is typically not subject to disclosure, the DOJ sued the state for refusing to provide the complete set of data. In June 2026, a judge dismissed the case. An appeal is pending. Check with your counsel as to the status of the appeal.
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 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.
Maryland law also imposes its own requirements governing election material and equipment custody, handling, and access.
State law requires each county elections board to establish and maintain a system to account for, and maintain control over, ballots from the beginning of production through postelection storage and disposition, subject to State Board of Elections approval and periodic review (Md. Code Ann., Elec. Law § 9–216(a), (b)). In addition, the election director for each county elections board must manage the storage, security, maintenance, and preparation of voting system equipment and ensure that equipment used by board employees meets cybersecurity requirements (Md. Code Ann., Elec. Law § 2–206(10), (12)).
During voting, Maryland law strictly limits who may handle voting equipment and election materials. Md. Code Ann., Elec. Law § 16–206(a)(5)–(9) prohibits anyone other than an authorized person servicing a voting device from unlocking any locked compartment of the device unless instructed to do so by the election director; and also prohibits destroying or defacing a ballot, removing a ballot from a building in which voting occurs except as otherwise provided by law, delaying the delivery of a ballot, or possessing an official ballot printed for an election on or before Election Day unless possession is necessary and appropriate for carrying out the election process. State Board of Elections regulations further require that the precinct tabulator be attended by at least one election judge from the time polls open until ballots are returned to the counting center; and that election judges attending the tabulator ensure that only valid voted ballots are deposited, nothing is removed from the tabulator without a chief judge’s authorization, and ballot secrecy is preserved (Md. Code Regs. 33.10.01.22(B), (C)). Separately, Maryland law requires county boards to ensure the security of ballot drop boxes and to remove election-related materials from them in accordance with State Board of Elections chain-of-custody procedures (Md. Code Ann., Elec. Law § 2–305(a)(1), (b)).
Once voting concludes, election judges must follow the election director’s instructions for closing the polls and performing post-closing tasks. Those tasks include securing the voting system to prevent further voting; completing required documents, records, and reports; assembling and accounting for all materials to be returned to the county elections board, such as voted ballots, removable data storage devices, precinct registers, voting authority cards, signs and posters, records, reports, logs, affidavits, certificates, keys to voting devices, poll books, and any other materials specified by the election director; securely storing any materials left in the polling place for later retrieval; and delivering all materials and equipment to the county elections board and obtaining receipts certifying delivery (Md. Code Ann., Elec. Law § 11–202(b)(1), (3), (5)–(7)).
During the canvass, State Board of Elections regulations impose additional safeguards at the counting center. County elections boards may arrange for security guards to be present from the start to the end of the canvass to assist in maintaining order (Md. Code Regs. 33.08.03.06(A), (B)). Maryland regulations further prohibit a local board of canvassers from certifying election results until required verification and audit procedures have been completed (Md. Code Regs. 33.08.05.03(A)).
After the verification of the vote count, voting system equipment and documentation must remain secured until the recount period expires, any recount is completed, and any election contest is resolved; during that period, the voting system may be opened and examined only by court order or direction of a legislative committee investigating a contested election affected by that voting system (Md. Code Ann., Elec. Law § 11–403(a)(1), (b)).
Separately, federal and state laws prohibit anyone, including federal officials, from interfering in an election. For example, 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 an example of state law, Md. Code Ann., Elec. Law § 16–205 prohibits interfering with election officials in the performance of their official duties, or with individuals lawfully present at a polling place or at the canvass of votes.
Planning and Preparation Steps for Consideration
- Consult with your counsel and the State Board of Elections 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 and the State Board of Elections 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, and 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 concurrently 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 and the State Board of Elections on how to obtain judicial oversight to ensure the security of those records, materials, and systems.
- Prepare a communications plan in consultation with the State Board of Elections 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 the Maryland Association of Election Officials, the State Board of Elections, 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 law enforcement officials or troops are deployed to an election facility
Summary
Deployments of armed federal officials or military personnel to election facilities may implicate federal and state prohibitions 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, Maryland law generally prohibits wearing, carrying, or transporting a handgun on or about one’s person, whether openly or concealed, unless the individual has a permit to carry a concealed weapon; but the law also exempts federal law enforcement and military personnel authorized to carry the handgun as part of their official equipment and permits unloaded, enclosed handguns used in connection with organized military activity (Md. Code Ann., Crim. Law § 4–203(a)(1)(i), (b)(1)(i), (ii), (b)(2), (4)). State law also prohibits wearing, carrying, or transporting firearms at locations currently being used as polling places or ballot-canvassing sites, subject to exceptions for federal law enforcement officials, on-duty employees of law enforcement agencies, and service members on duty or traveling to or from duty (Md. Code Ann., Crim. Law § 4–111(a)(4)(iii), (a)(5), (6), (8), (b)(1)–(3), (d)(1)). Additionally, Maryland law prohibits carrying or possessing a firearm on public school property, but exempts “a law enforcement officer in the regular course of the officer’s duty,” which may cover federal law enforcement officials (Md. Code Ann., Crim. Law § 4–102(a)(1), (b)). The provision also exempts certain off-duty or retired U.S. law enforcement officers who are parents, guardians, or visitors of students on the property, provided they display a badge or credential, keep the weapon concealed, and are authorized to carry a concealed handgun in Maryland (Md. Code Ann., Crim. Law § 4–102(a)(2)). Maryland regulations further prohibit visibly possessing, visibly carrying, or brandishing a firearm within the electioneering boundary around a ballot drop box, while allowing an on-duty law enforcement officer or security guard, or one traveling to or from duty, to drop off materials at the box (Md. Code Regs. 33.11.01.04(D), (F)(1), (2)). And state law permits local jurisdictions to regulate firearm possession within 100 yards of or in a park, church, school, public building, or other place of public assembly (Md. Code Ann., Crim. Law § 4–209(a), (b)(1)(iii)).
Additionally, Md. Code Ann., Crim. Law § 3–202(b)(2) prohibits assaulting another person with a firearm. This provision does not contain any exemptions, and therefore might apply to conduct by armed federal personnel that exceeds lawful authority.
Separately, Section 11(b) of the Voting Rights Act of 1965 prohibits 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, and courts have recognized that Section 11(b) creates a private right of action allowing private plaintiffs, including voters, to seek relief against voter intimidation (52 U.S.C. § 10307(b)).
While Maryland law does not include a similar provision containing a private right of action, it prohibits conduct that interferes with or intimidates voters. Md. Code Ann., Elec. Law § 16–201(b)(5)–(7) prohibits willfully and knowingly using force, fraud, threats, menace, intimidation, bribery, reward, or an offer of reward to influence or attempt to influence a voter’s vote or their decision whether to go to the polls, and it also prohibits conduct that results in or is intended to result in the denial or abridgement of the right to vote on account of race, color, or disability. State law also prohibits interfering or attempting to interfere with a voter inside the polling room, marking a ballot, or operating voting equipment, or inducing or attempting to induce a voter to mark their ballot in a particular way (Md. Code Ann., Elec. Law § 16–206(a)(3)–(4)). To enforce certain state law voting protections, the attorney general may seek circuit court injunctive relief to prevent specified imminent or ongoing voting offenses from affecting a pending election (Md. Code Ann., Elec. Law § 16–1004(a)).
Maryland law also targets those who would interfere with election administration, including by intimidating election officials. Md. Code Ann., Elect. Law § 16–204(a) prohibits hindering or impeding the conduct of official election activities by breach of the peace, disorder, violence, or threat of violence; Md. Code Ann., Elec. Law § 16–205(a) prohibits interfering with election officials in the performance of their official duties or with individuals lawfully present at a polling place or at the canvass of votes; and Md. Code Ann., Elec. Law § 16–904(b) prohibits knowingly and willfully making a threat to harm an election official or their immediate family member because of the official’s role in administering election processes. Additional provisions prohibit tampering with election records (Md. Code Ann., Elec. Law § 16–302(a)); unlocking any locked compartment of a voting device unless instructed to do so by the election director, or removing a ballot from a building in which voting occurs without authorization (Md. Code Ann., Elec. Law § 16–206(a)(5), (7); destroying, defacing, falsifying, removing, or concealing any record related to voting, or making a fraudulent entry or alteration of any record related to voting or abetting another person in doing so (Md. Code Ann., Elec. Law § 16–701(a)); concealing, damaging, or destroying voting equipment used or intended to be used on Election Day, or removing voting equipment from the custody of election judges or other election officials (Md. Code Ann., Elec. Law § 16–801(a); tampering with, damaging, or attempting to damage any voting equipment that is used or will be used in an election, or preventing or attempting to prevent the correct operation of any voting equipment (Md. Code Ann., Elec. Law § 16–802(a)); and willfully and knowingly accessing or tampering with the hardware, system components, or software of an electronic voting system for the purpose of affecting the vote count (Md. Code Ann., Elec. Law § 16–804(a)).
Finally, state law provides election officials with authority to respond to conduct that may involve voter intimidation or disruption at polling places. Election judges, along with the state administrator of elections, the deputy state administrator, and local election directors when in a polling place, have authority to keep the peace and order the arrest of any person who breaches the peace, violates the election law, or interferes with the work of election judges in conducting the election and carrying out their assigned tasks (Md. Code Ann., Elec. Law §§ 10–303(c), 10–307.1(a)). A police officer on duty at a polling place must obey the order of an election judge for that polling place, and, when making an arrest under such an order, is protected as if the officer had received a valid warrant (Md. Code Ann., Elec. Law § 10–304(a)(1), (2)). Maryland law prohibits willfully failing to obey a reasonable and lawful order by a law enforcement officer to prevent a disturbance to the public peace (Md. Code Ann., Crim. Law § 10–201(c)(3)).
Planning and Preparation Steps for Consideration
- Consult with your counsel and the State Board of Elections about the possibility of armed federal law enforcement 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 law enforcement officials or troops at election facilities.
- Keep abreast of developments in cases involving deployment of federal troops and evaluate with your counsel to determine whether policy changes are warranted.
- Contact your counsel and the State Board of Elections 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
Md. Code Ann., Crim. Law § 3–202(b)(2) prohibits assaulting another person with a firearm. This provision does not contain any exemptions, and therefore might apply to conduct by armed federal personnel that exceeds lawful authority.
Separately, Section 11(b) of the Voting Rights Act of 1965 prohibits 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, and courts have recognized that Section 11(b) creates a private right of action allowing private plaintiffs, including voters, to seek relief against voter intimidation (52 U.S.C. § 10307(b)).
While Maryland law does not include a similar provision containing a private right of action, it prohibits conduct that interferes with or intimidates voters. Md. Code Ann., Elec. Law § 16–201(b)(5)–(7) prohibits willfully and knowingly using force, fraud, threats, menace, intimidation, bribery, reward, or an offer of reward to influence or attempt to influence a voter’s vote or their decision whether to go to the polls, and it also prohibits conduct that results in or is intended to result in the denial or abridgement of the right to vote on account of race, color, or disability. State law also prohibits interfering or attempting to interfere with a voter inside the polling room, marking a ballot, or operating voting equipment, or inducing or attempting to induce a voter to mark their ballot in a particular way (Md. Code Ann., Elec. Law § 16–206(a)(3)–(4)). To enforce certain state law voting protections, the attorney general may seek circuit court injunctive relief to prevent specified imminent or ongoing voting offenses from affecting a pending election (Md. Code Ann., Elec. Law § 16–1004(a)).
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 and the State Board of Elections to ensure accuracy and legality.
- Contact your counsel and the State Board of Elections 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.” Ongoing 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 by strengthening the parts of the process they can control — for example, by mailing ballots to voters as early as possible; informing voters that they may return absentee ballots to their county elections board office, an early voting center, or a polling place, or deposit them in a ballot drop boxen; and publicly communicating when voters should return ballots to ensure 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, to troubleshoot issues from previous election cycles and any challenges that could arise under current USPS delivery policies, and to 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 to 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 ballot drop boxes.
- If your office uses ballot-tracking services or tools, regularly monitor the data for service anomalies and trends, and communicate promptly with USPS officials about any issues.
- Promptly consult your counsel and the State Board of Elections 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 to the State Board of Elections, and proactively follow 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.