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The Alaska 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.”

Alaska State Law: Summary of Key Provisions*

Core Election Interference Provisions

  • Alaska Stat. § 11.76.110: Prohibits as a misdemeanor injuring, oppressing, threatening, or intimidating another person with intent to deprive them of a constitutional or statutory right, or because the person exercised or enjoyed that right; also prohibits intentional deprivation of constitutional or statutory rights under “color of law.”
  • Alaska Stat. § 11.41.530: Prohibits as a felony coercion, including compelling another person to engage in or refrain from conduct the person has a legal right to do or not do by instilling fear that someone will cause physical injury, commit a crime, make a criminal accusation, expose confidential information, cause a public servant to take or withhold official action, bring about a boycott or other collective action, or testify, provide, or withhold testimony or information.
  • Alaska Stat. § 11.41.220: Prohibits as a felony recklessly placing another person in fear of imminent serious physical injury by means of a dangerous instrument.
  • Alaska Stat. § 11.41.230: Prohibits as a misdemeanor recklessly placing another person in fear of imminent physical injury by words or other conduct.
  • Alaska Stat. § 11.41.250: Prohibits as a misdemeanor recklessly engaging in conduct that creates a substantial risk of serious physical injury to another person.
  • Alaska Stat. § 11.56.810: Prohibits as a felony threatening that a dangerous situation involving human life or property exists or is imminent with reckless disregard that the threat may place a person in reasonable fear of serious physical injury by means of a dangerous instrument, cause evacuation or serious public inconvenience, or cause fear of serious physical injury among the public or a substantial group.
  • Alaska Stat. § 15.56.030: Prohibits using or threatening force, coercion, violence, restraint, damage, harm, or loss to induce or compel another person to vote or refrain from voting, and makes such conduct a felony.
  • Alaska Stat. § 15.56.035: Prohibits possessing an official ballot outside of the voting room unless the person is an election official or otherwise authorized by law, and makes such conduct a misdemeanor.
  • Alaska Stat. § 15.56.060: Prohibits the following as felonies:
    • inducing or attempting to induce an election official by force, threat, intimidation, or reward to fail to perform their duties;
    • intentionally changing, attempting to change, or causing a change to an official election document, including ballots, tallies, and returns;
    • intentionally delaying, attempting to delay, or causing delay in sending the certificate, register, ballots, or other materials required to be sent under Alaska’s post-count transmittal procedures; or
    • printing, reproducing, appropriating, delivering, or permitting unauthorized access to official ballots in violation of the statute’s ballot-printing restrictions.
  • Alaska Stat. § 15.56.070: Prohibits as a felony an election official from:
    • intentionally failing to perform a required duty or performing an unauthorized act with intent to affect the election or its results;
    • knowingly permitting a false count of election returns; or
    • intentionally concealing, withholding, or destroying election returns, including attempts.
  • Alaska Stat. § 15.56.080: Prohibits as a felony an election official from doing the following or allowing another to do the following while polls are open:
    • opening a ballot;
    • marking a ballot to identify it; or
    • attempting to learn how a voter voted.
  • Alaska Stat. § 15.15.160: Prohibits an election board member, while on duty during polling hours, from discussing any political party, candidate, or issue.
  • Alaska Stat. § 15.15.170: Prohibits, in the polling place and within 200 feet of a polling place entrance while polls are open, attempting to persuade a person to vote for or against a candidate, proposition, or question.
  • Alaska Stat. § 15.56.016: Prohibits the following as a violation:
    • while polls are open and after required warning notices have been posted, attempting to persuade a person in a polling place or within 200 feet of a polling place entrance to vote for or against a candidate, proposition, or question;
    • while polls are open and within that same area, circulating cards, handbills, or marked ballots, or posting political signs or posters relating to a candidate, proposition, or question; or
    • violating Alaska laws with respect to state election campaigns.
  • Alaska Stat. § 15.15.290: Prohibits an election official from doing the following or allowing another to do the following while polls are open:
    • opening any ballot received from a voter; or
    • marking or folding a ballot in a way that would allow it to be identified later.
  • Alaska Stat. § 11.56.820: Prohibits the following as misdemeanors:
    • knowingly making a false entry in — or falsely altering — a “public record;” or
    • knowingly destroying, mutilating, suppressing, concealing, removing, or otherwise impairing the accuracy, readability, or availability of a “public record” without authority.
  • Alaska Stat. § 11.56.827: Prohibits as a felony impersonating a public servant by pretending to be a peace officer and purporting to exercise the authority of a peace officer in relation to another person.
  • Alaska Stat. § 11.56.830: Prohibits as a misdemeanor impersonating a public servant by pretending to be a public servant and purporting to exercise the authority of a public servant in relation to another person.
  • Alaska Stat. § 11.56.850: Prohibits as misdemeanors the following official misconduct by a public servant with intent to obtain a benefit or to injure or deprive another person of a benefit:
    • performing an act relating to the public servant’s office but constituting an unauthorized exercise of the public servant’s official functions, knowing that that act is unauthorized; or
    • knowingly refraining from performing a duty that is imposed upon the public servant by law or is clearly inherent in the nature of the public servant’s office.
  • Alaska Stat. § 11.61.210: Prohibits as misdemeanors knowingly discharging a firearm with reckless disregard for a risk of property damage or physical injury; or knowingly and without authorization possessing a deadly or defensive weapon within the buildings, grounds, or parking lots of public or private preschools or elementary, junior high, or secondary school.
  • Alaska Stat. § 11.61.220: Prohibits as a misdemeanor knowingly possessing a firearm within a courtroom or office of the Alaska Court System or courthouse that is occupied only by the Alaska Court System and other justice-related agencies.
  • Alaska Stat. § 15.15.350: Restricts persons handling ballots from possessing marking devices or removing ballots from the immediate vicinity of the polling area.

Election Material Maintenance, Access, and Retention

Various Alaska laws and regulations, including Alaska Stat. §§ 15.15.370, 15.15.470, 40.21.060, 40.21.110, and Alaska Admin. Code tit. 6, § 25.230, require election officials to keep and preserve election records for certain durations. The Alaska State Archives 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.

 

Custody, Handling, and Access for Election Materials and Equipment

  • Alaska Stat. § 15.07.195: Requires certain information in state voter registration records to remain confidential and closed to public inspection, including a voter’s age and date of birth, Social Security number or any part of it, driver’s license number, voter identification number, place of birth, and signature; allows a voter to elect to keep their residential address confidential if they provide a separate mailing address; and permits release of confidential information in specified circumstances, including to government agencies for authorized governmental purposes, in compliance with a court order, with the voter’s written consent, or to another state or multistate group for voter list accuracy and eligibility purposes if confidentiality protections are maintained.
  • Alaska Stat. § 15.15.060: Requires election supervisors, together with election board chairs, to secure polling places, ballot boxes, voting booths or screens, and other election supplies.
  • Alaska Stat. § 15.15.370: Requires election boards, after completing the ballot count, to prepare duplicate certificates of results and transmit one sealed package containing the certificate and register, and a separate sealed package containing all properly cast ballots, to the election director, with the duplicate certificate sent to the appropriate election supervisor.
  • Alaska Admin. Code tit. 6, § 25.040: Requires various election security controls, including printer certifications, secure storage of ballots received from the printer, limited access to absentee ballots received in regional and director’s offices, polling place and electronic voting equipment security measures while polls are open, inspection of tamper-evident seals, sealing and initialing of voted ballots after counting, and restricted access to regional counting centers.
  • Alaska Admin. Code tit. 6, § 25.045: Requires testing of ballot-counting programs and memory cards before an election, including logic-and-accuracy testing, certification that precinct tabulators print zero-total reports before polls open on Election Day, and verification that a zero-total report is printed before any tabulator is used to count absentee or questioned ballots.
  • Alaska Admin. Code tit. 6, § 25.050: Requires ballot transportation and receipt procedures, including mailing hand-counted ballots to the election director no later than the day after the election and transporting ballots counted by tabulators to secured storage or mailing them to the director’s office on election night (or by air in certain circumstances); also requires chain-of-custody documentation for each ballot shipment, limited access to secured areas, and transportation of absentee and questioned ballots from regional election offices to the director’s office after certification.

Election Observers

  • Alaska Stat. § 15.10.170: Prohibits a state party chairperson, precinct party committee, party district committee, or candidate from having more than one watcher on duty at a time in any precinct or counting center; and requires watchers to present written proof of appointment if requested by the election board or data processing review board.
  • Alaska Admin. Code tit. 6, § 25.020: Prohibits more than one poll watcher representing the same candidate, political party, organization, or group from being present at a polling place at one time; prohibits watchers from sitting behind election workers’ tables or between workers handling precinct registers, interfering with the election process, or handling election supplies or materials, including precinct registers; and requires watchers to remain far enough from voting machines and voting booths to protect ballot privacy.

Emergency Powers

  • Alaska Stat. § 15.15.060: Authorizes the election supervisor and election board chair, in an emergency, to secure alternate polling place locations.
  • Alaska Stat. § 15.15.140: Authorizes the use of unofficial ballots or election materials when an election board receives an insufficient number of official ballots or official election materials.
  • Alaska Stat. § 15.15.370: Authorizes the election director, in areas where distance and weather make mail communication unreliable, to allow election boards to report results by telephone or radio and to allow election supervisors to conduct regional unofficial vote tallying; also prohibits as a felony intentionally delaying the transmission of election certificates, registers, ballots, or other materials required to be sent after the ballot count.
  • Alaska Stat. § 26.23.020: In the event of a disaster, authorizes the suspension of regulatory statutes, orders, or agency regulations when compliance would prevent, impede, or delay necessary action.
  • Alaska Stat. § 26.23.190: Authorizes emergency measure personnel to access public or private land and public buildings when reasonably necessary to alleviate or prevent a disaster.

Paramilitary Activity and Civil Disorder

  • Alaska Const. art. I, § 20: “The military shall be in strict subordination to the civil power.”
  • Alaska Stat. § 11.61.100: Prohibits as a felony rioting, defined as six or more persons engaging in tumultuous and violent conduct in a public place that causes or creates a substantial risk of property damage or physical injury.
  • Alaska Stat. § 11.61.110: Prohibits as a misdemeanor disorderly conduct, including fighting, creating a hazardous condition for others, making unreasonable noise, or refusing to comply with a lawful order to disperse in a public place when a crime has occurred.
  • Alaska Stat. § 12.60.180: Prohibits riotous assemblies of six or more persons, whether armed or not, and requires certain judicial, law enforcement, or local officials to command the assembled persons to disperse when it is safe to do so.

Definitions

* 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.

Overview of State Entities

Governor of Alaska

The governor of Alaska serves as the chief executive officer of the state (Alaska Const. art. III, § 1). The governor represents Alaska, handles the operation of Alaska’s government, and is responsible for enforcing compliance with the law. Governor Mike Dunleavy took office in 2018, 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 also the commander in chief of the state’s armed forces and may call them out to “execute the laws, suppress or prevent insurrection or lawless violence, or repel invasion” (Alaska Const. art. III, § 19). Alaska’s armed forces comprise the Alaska National Guard, which includes the Army National Guard and the Air National Guard, Alaska Naval Militia, and Alaska State Defense Force. The governor may order the state’s armed forces into active service in the event or imminent danger of “war, disaster, insurrection, rebellion, tumult, catastrophe, wildland fire, invasion, or riot”; to quell a group “act[ing] together by force with intent to commit a felony,” harm people or property, or resist state or federal law; or when civil authorities are unable to maintain law and order or protect people or property (Alaska Stat. § 26.05.070).

 

Alaska Stat. § 26.23.020(g) authorizes the governor to “suspend the provisions of any regulatory statute prescribing procedures for the conduct of state business, or the orders or regulations of any state agency, if compliance with the provisions of the statute, order, or regulation would prevent, or substantially impede or delay, action necessary to cope with the disaster emergency.” A disaster emergency proclamation may not remain in effect longer than 30 days unless extended by the state legislature, which may terminate a disaster emergency by law (Alaska Stat. § 26.23.020(c), 26.23.025(c)).

Lieutenant Governor

In Alaska, the lieutenant governor is responsible for administering state election law (Alaska Stat. § 44.19.020(1)). Nancy Dahlstrom has served as lieutenant governor since 2022 and is not seeking reelection when her term ends this year.

The lieutenant governor oversees the Division of Elections, which carries out the state’s election administration, including:

  • supervising Alaska’s central and regional election offices;
  • managing and training election personnel;
  • administering state elections and municipal elections that the state is required to conduct;
  • maintaining statewide voter registration records, including updating voter records and preparing voter rolls for local and statewide elections;
  • overseeing the initiative petition process, including signature verification and preparation and distribution of petition books;
  • supervising the recall and referendum processes;
  • improving the accuracy of voter registration records; and
  • promoting efficiency, accessibility, and voter participation in the electoral process.

The lieutenant governor appoints an election director, who heads the Division of Elections and acts on the lieutenant governor’s behalf in carrying out these responsibilities (Alaska Stat. § 15.10.105(a)). The director may not join, support, or otherwise participate in partisan political organizations, factions, or activities or make political contributions; may not hold or campaign for elective office or serve as an officer of a political party or as a political committee member or officer; may not permit their name to be used or make contributions in support of or in opposition to a candidate, ballot proposition, or ballot question; may not participate in any national, state, or local election campaign; and may not lobby, employ, or assist a lobbyist (Alaska Stat. § 15.10.105(b)(1)(A)–(B)). However, these restrictions do not prevent the election director from expressing private political opinions, registering with a political party, or voting (Alaska Stat. § 15.10.105(3)).

State law requires the election director to promulgate regulations “necessary for the administration of elections” (Alaska Stat. § 15.15.010). Select examples include:

  • Alaska Admin. Code tit. 6, § 25.040: Establishes election security procedures, including requirements for securing official ballots, limiting access to absentee ballots and regional counting centers, inspecting tamper-evident seals on electronic voting equipment, sealing voted ballots and ballot containers, and transporting ballots to secured storage areas.
  • Alaska Admin. Code tit. 6, § 25.065: Establishes procedures for creating facsimile copies of questioned or absentee ballots that cannot be counted by tabulator due to marking issues or damage but contain clear evidence of the voter’s intent.
  • Alaska Admin. Code tit. 6, § 25.300: Establishes procedures for determining candidate ballot placement, including random alphabetical drawings, alphabetical ordering rules, and rotation of candidate names for certain offices.

Under the Alaska’s Administrative Procedure Act, a state agency may adopt a regulation on an emergency basis if it “makes a written finding, including a statement of the facts that constitute the emergency, that the adoption of the regulation or order of repeal is necessary for the immediate preservation of the public peace, health, safety, or general welfare” (Alaska Stat. § 44.62.250(a)).

Election Supervisors and Election Boards

Election Supervisors

Election supervisors administer elections at the regional level. The election director appoints election supervisors in four municipalities: Anchorage, Fairbanks, Juneau, and Nome (Alaska Stat. § 15.10.110). The same nonpartisanship rules that apply to the election director also apply to election supervisors, and the director has the authority to remove election supervisors (Alaska Stat. § 15.10.105(b)).

Election supervisors’ primary duties include working with election board chairs to secure polling places, ballot boxes, voting booths or screens, and other election supplies; receiving and administering absentee ballots; reviewing and certifying absentee and questioned ballots with the assistance of counting boards; forwarding election certificates and returns to the election director; and conducting regional vote tallying when authorized by the director (Alaska Stat. §§ 15.15.060, 15.15.370, 15.20.061, 15.20.081, 15.20.190, 15.20.201, 15.20.203).

Election supervisors also appoint regional counting boards of no more than eight members, no more than two of whom may be of the same political party or political group (Alaska Admin. Code tit. 6, § 25.030(e)). Each board oversees the counting of absentee and questioned ballots and assists the Division of Elections in preelection processes (Alaska Admin. Code tit. 6, § 25.030(e)).

Election Boards

Election boards administer elections at the precinct level. Election supervisors appoint an election board in each precinct of their district, made up of at least three qualified voters registered to vote in that precinct (Alaska Stat. § 15.10.120(a)). Election supervisors must appoint one nominee from the political party or political group with the largest number of registered voters at the time of the preceding gubernatorial election and one nominee from the political party or political group with the second largest number of registered voters at that time, unless a party or group fails to submit timely nominations (Alaska Stat. § 15.10.120(b)–(c)). If an election supervisor cannot locate three qualified voters registered in the precinct who are willing and able to serve, the supervisor may appoint qualified voters registered in the house district, and, if necessary, qualified voters registered elsewhere in the state (Alaska Stat. § 15.10.120(a)).

Election supervisors also appoint a chairperson for each election board in their district (Alaska Stat. § 15.10.120(d)).

If an appointed election board member fails to appear and take the required oath on Election Day or becomes incapacitated during the election or the counting of ballots, the election board members present must fill the vacancy by majority voice vote (Alaska Stat. § 15.15.120). The replacement must be a qualified voter of the same political party as the person being replaced unless, after reasonable effort, the remaining board members determine that no qualified voter of that party is available (Alaska Stat. § 15.15.120).

Election boards are responsible for managing polling sites, including opening the polls, receiving voters, and supervising the election in the precinct; counting votes and certifying precinct results; and, after completing the count, sending the certificate, voter register, and all properly cast ballots to the election director, and the duplicate certificate sent to the appropriate election supervisor (Alaska Stat. §§ 15.15.110, 15.15.150, 15.15.310, 15.15.330, 15.15.370).

Alaska National Guard

Major General Torrence Saxe serves as the adjutant general of Alaska “at the pleasure of the governor” (Alaska Stat. § 26.05.210(a)). The adjutant general oversees the Alaska Department of Military and Veterans Affairs (Alaska Stat. § 26.05.170), which consists of the Alaska Army and Air National Guard, the Alaska Naval Militia, and the Alaska State Defense Force. Governor Dunleavy appointed Major General Saxe on December 21, 2018.

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 Title 10 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. Approximately 200 Texas National Guard members were ultimately deployed to Chicago but were demobilized in November 2025 while the litigation continued.

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, “at 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.

Additionally, in December 2025, Governor Dunleavy activated five Alaska National Guard members to assist U.S. Immigration and Customs Enforcement’s (ICE) Anchorage office with “administrative and logistical” support for up to a year, including data entry, report creation, phone support, vehicle fleet management, safety compliance, office support, and purchase-order processing. The governor activated these troops under Title 32 of the U.S. Code (32 U.S.C. § 502(f)), allowing them to perform federal functions using federal funds while remaining under the governor’s command and control.

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 permits a person to carry a firearm, whether openly or concealed, without a permit (Alaska Const., art. 1, § 19). However, Alaska Stat. § 11.61.210(a)(7) prohibits knowingly and without authorization possessing a deadly weapon or a defensive weapon within the buildings, grounds, or parking lots of public or private preschools or elementary, junior high, or secondary school, which may serve as a polling site. Separately, Alaska Stat. § 11.61.220(a)(4)(B)(i)-(ii) prohibits possessing a firearm within a courtroom or office of the Alaska Court System, or within a courthouse occupied only by the Alaska Court System and other justice-related agencies.

Both of these restrictions exempt a “peace officer acting within the scope and authority of the officer’s employment” (Alaska Stat. §§ 11.61.210(c), 11.61.220(c)). Under Alaska Stat. § 01.10.060(a)(7), “peace officers” include “an officer of the state troopers,” “a member of the police force of a municipality,” “a village public safety officer,” “a regional public safety officer,” “a United States marshal or deputy marshal,” and “an officer whose duty it is to enforce and preserve the public peace.” Although U.S. marshals and their deputies are expressly included in the definition, other federal law enforcement officials may qualify if their duties fall within the statute’s catch-all provision for officers charged with enforcing and preserving the public peace.

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. 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. These 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 monitor for compliance with federal civil rights laws in elections in communities all across the country.” In November 2020, for example, the DOJ deployed monitors to 18 states. In November 2024, the DOJ deployed monitors to voting locations in 27 states, including Alaska, where monitors were sent to Bethel, Dillingham, and Kusilvak census areas and North Slope and Northwest Arctic boroughs. The department announced in July 2026 that it 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 state 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 emphasized 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, Alaska Stat. § 15.56.060(a)(1) prohibits inducing or attempting to induce an election official, by force, threat, intimidation, or reward, to fail to perform their duties. Additional provisions prohibit possessing an official ballot outside the voting room unless the person is an election official or otherwise authorized by law; changing or attempting to change official election documents; intentionally delaying transmission of election certificates, registers, ballots, or other required election materials; printing unauthorized or incorrect official ballots; possessing marking devices while handling ballots; or removing ballots from the immediate vicinity of the polling area (Alaska Stat. §§ 15.56.035(a)(1), 15.56.060(a)(2)–(4), 15.15.350(a)).

Moreover, Alaska law protects voters against intimidation. Alaska Stat. § 15.56.030(a) prohibits using or threatening force, coercion, violence, restraint, damage, harm, or loss to induce or compel another person to vote or refrain from voting. State law also prohibits injuring, oppressing, threatening, or intimidating another person with intent to deprive the person of a constitutional or statutory right, or because the person exercised or enjoyed that right, and separately prohibits intentionally depriving another person of a constitutional or statutory right under color of law (Alaska Stat. § 11.76.110). In addition, Alaska law prohibits compelling another person to engage in conduct they have a legal right to abstain from — or to abstain from conduct they have a legal right to engage in — by instilling fear that noncompliance may result in physical injury, criminal accusation, exposure of confidential information, or a person taking or withholding official action as a public servant, or causing a public servant to take or withhold official action (Alaska Stat. § 11.41.530(a)).

On top of these prohibitions, Alaska law imposes restrictions on poll watchers subject to state law. Alaska Admin. Code tit. 6, § 25.020(b)–(d) limits each candidate, political party, organization, or group to one poll watcher at a polling place at a time; bars watchers from sitting behind election workers’ tables or between workers handling precinct registers; prohibits interfering with the election process or handling election supplies or materials, including precinct registers; and requires watchers to remain far enough from voting machines and voting booths to protect ballot privacy.

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 Alaska 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, it requires a voter’s age or date of birth, Social Security number or part thereof, driver’s license number, voter identification number, place of birth, and signature to remain confidential and closed to public inspection (Alaska Stat. § 15.07.195(a)). Alaska law also allows voters to elect to keep their residential addresses confidential if they provide separate mailing addresses; and permits release of confidential information only in specified circumstances, including to government agencies for authorized governmental purposes, in compliance with a court order, with the voter’s written consent, or to another state or multistate group for voter list accuracy and eligibility purposes if confidentiality protections are maintained (Alaska Stat. § 15.07.195(b)).

In July 2025, the Department of Justice requested Alaska’s statewide voter registration list and information about the state’s compliance with federal list maintenance laws. Alaska later agreed to provide the full list pursuant to a memorandum of understanding, in response to which civil rights advocates sued Alaska officials. A spokesperson for the state said that the lawsuit ignores a state law that allows Alaska to share confidential information with other governments for legitimate purposes authorized by law. Litigation is ongoing —check with your counsel on the current status of the lawsuit.

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. 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.

Alaska law also imposes requirements governing the custody, handling, and access to election materials and equipment.

Before voting begins, election supervisors and election board chairs must secure polling places, ballot boxes, voting booths or screens, and other election supplies, and election supervisors must secure official ballots received from printers, using locked rooms with access limited to election personnel wherever possible (Alaska Stat. § 15.15.060(a); Alaska Admin. Code tit. 6, § 25.040(a)). Ballot-counting programs and memory cards must be tested before each election. This includes logic-and-accuracy testing by the state ballot counting review board and regional counting board or regional area coordinator, certification that precinct tabulators print zero-total reports before polls open on Election Day, and verification that a zero-total report is printed before any tabulator is used to count absentee or questioned ballots (Alaska Admin. Code tit. 6, § 25.045(1)–(4))

During the election, the election board must maintain the security of the polling place and electronic voting equipment, inspect tamper-evident seals on electronic voting equipment, and report any evidence of tampering to the election supervisor (Alaska Admin. Code tit. 6, § 25.040(c)). Alaska law also prohibits possessing an official ballot outside the voting room unless the person is an election official or otherwise authorized by law (Alaska Stat. § 15.56.035(a)(1)). Voted absentee ballots received in the regional and director’s offices must be secured, with access limited to Division of Elections personnel and district absentee review board members (Alaska Admin. Code tit. 6, § 25.040(b)). Access to the regional counting centers in Anchorage, Fairbanks, Juneau, Nome, and Wasilla is restricted to persons approved by the election supervisor, who must prepare a list of those authorized to enter restricted areas and provide them with appropriate identification (Alaska Admin. Code tit. 6, § 25.040(e)).

Once counting is complete, election boards must seal voted ballots in provided envelopes and initial the seals (Alaska Admin. Code tit. 6, § 25.040(d)). Boards must then prepare duplicate certificates of results; send one sealed package containing the certificate and register — and a separate sealed package containing all properly cast ballots — to the election director; and send the duplicate certificate to the appropriate election supervisor (Alaska Stat. § 15.15.370). Hand-counted ballots must be mailed to the director no later than the day after the election and logged and placed in a designated secured area upon arrival at the election director’s office; ballots counted by precinct tabulators must either be transported on election night to a prearranged secured storage area or mailed to the election director’s office (Alaska Admin. Code tit. 6, § 25.050(a)–(b)). Precinct tabulator ballots that are transported to secured storage rather than mailed must then be transported by air to the election director on the day following the election, or on another day determined by the director, and must be accompanied by a licensed and bonded courier service or licensed security officer from the secured storage area to the departure airport and from the destination airport to a designated secured storage area (Alaska Admin. Code tit. 6, § 25.050(c)).

Each ballot shipment must be accompanied by chain-of-custody documentation, and access to secured areas is limited to election personnel, state troopers, and authorized licensed security officers (Alaska Admin. Code tit. 6, § 25.050(d)). Separately, after certification, absentee and questioned ballots must be transported from regional election offices to the election director’s office by a licensed and bonded air courier service, accompanied by chain-of-custody documentation. Upon arrival, an elections official or licensed security officer must transport the ballots to the secured area in the election director’s office (Alaska Admin. Code tit. 6, § 25.050(g), (i)).

Alaska law prohibits intentionally changing, attempting to change, or causing a change to an official election document, including ballots, tallies, and returns (Alaska Stat. § 15.56.060(a)(2)).

Additionally, 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 an example of state law, Alaska Stat. § 15.56.060(a)(1) prohibits inducing or attempting to induce an election official, by force, threat, intimidation, or reward, to fail to perform their duties.

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 the Alaska Association of Municipal Clerks, the Alaska Division 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 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, Alaska law generally permits a person to carry a firearm, whether openly or concealed, without a permit, but specific location-based restrictions may apply at polling sites located in schools or certain court facilities. Alaska Stat. § 11.61.210(a)(7) prohibits knowingly possessing a firearm within the buildings, grounds, or parking lots of public or private preschools or elementary, junior high, or secondary schools without authorization. And Alaska Stat. § 11.61.220(a)(4)(B)(i)–(ii) prohibits possessing a firearm within a courtroom or office of the Alaska Court System, or within a courthouse occupied only by the Alaska Court System and other justice-related agencies. However, both restrictions exempt a peace officer acting within the scope and authority of their employment. As discussed above, U.S. marshals and deputy marshals are expressly included in Alaska’s definition of “peace officer,” and other federal law enforcement officials may qualify if they fall within the statute’s catch-all provision (Alaska Stat. §§ 01.10.060(a)(7), 11.61.210(c), 11.61.220(c)).

Beyond these location-based restrictions, Alaska Stat. § 11.41.220(a)(1)(A) prohibits recklessly placing another person in fear of imminent serious physical injury by means of a dangerous instrument, while Alaska Stat. § 11.41.230(a)(3) prohibits recklessly placing another person in fear of imminent physical injury by words or other conduct. Alaska law also prohibits recklessly engaging in conduct that creates a substantial risk of serious physical injury to another person (Alaska Stat. § 11.41.250), and it prohibits discharging a firearm with reckless disregard for a risk of property damage or physical injury (Alaska Stat. § 11.61.210(a)(3)). Moreover, Alaska Stat. § 11.56.810 prohibits threats that a dangerous situation involving human life or property exists or is imminent, if made with reckless disregard that the threat may place a person in reasonable fear of serious physical injury by means of a dangerous instrument, cause an evacuation or serious public inconvenience, or cause fear of serious physical injury among the public or a substantial group. None of these provisions appears to contain an express exemption for armed federal officials or troops. Consequently, they may 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 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 Alaska law does not include a similar provision containing a private right of action, it prohibits certain conduct that interferes with the free exercise of voting rights. For example, Alaska Stat. § 15.56.030(a) prohibits using or threatening force, coercion, violence, restraint, damage, harm, or loss to induce or compel another person to vote or refrain from voting.

Alaska law also prohibits injuring, oppressing, threatening, or intimidating another person with intent to deprive the person of a constitutional or statutory right, or because the person exercised or enjoyed that right; and prohibits intentionally depriving another person of a constitutional or statutory right under color of law (Alaska Stat. § 11.76.110). In addition, state law prohibits compelling another person to engage in conduct they have a legal right to abstain from — or to abstain from conduct they have a legal right to engage in — by instilling fear that noncompliance may result in physical injury, criminal accusation, exposure of confidential information, or a person taking or withholding official action as a public servant, or causing a public servant to take or withhold official action (Alaska Stat. § 11.41.530(a)).

Finally, Alaska law targets those who would interfere with election administration, including by intimidating election officials. Alaska Stat. § 15.56.060(a)(1) prohibits inducing or attempting to induce an election official, by force, threat, intimidation, or reward, to fail to perform their duties. Additional provisions prohibit possessing an official ballot outside the voting room unless the person is an election official or otherwise authorized by law; changing or attempting to change official election documents; intentionally delaying transmission of election certificates, registers, ballots, or other required election materials; printing unauthorized or incorrect official ballots; possessing marking devices while handling ballots; or removing ballots from the immediate vicinity of the polling area (Alaska Stat. §§ 15.56.035(a)(1), 15.56.060(a)(2)–(4), 15.15.350(a)).

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 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

Alaska Stat. § 11.41.220(a)(1)(A) prohibits recklessly placing another person in fear of imminent serious physical injury by means of a dangerous instrument, while Alaska Stat. § 11.41.230(a)(3) prohibits recklessly placing another person in fear of imminent physical injury by words or other conduct. Alaska law also prohibits recklessly engaging in conduct that creates a substantial risk of serious physical injury to another person (Alaska Stat. § 11.41.250), and it prohibits discharging a firearm with reckless disregard for a risk of property damage or physical injury (Alaska Stat. § 11.61.210(a)(3)). Moreover, Alaska Stat. § 11.56.810 prohibits threats that a dangerous situation involving human life or property exists or is imminent, if made with reckless disregard that the threat may place a person in reasonable fear of serious physical injury by means of a dangerous instrument, cause an evacuation or serious public inconvenience, or cause fear of serious physical injury among the public or a substantial group. None of these provisions appears to contain an express exemption for armed federal officials or troops. Consequently, they may 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 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 Alaska law does not include a similar provision containing a private right of action, it prohibits certain conduct that interferes with the free exercise of voting rights. For example, Alaska Stat. § 15.56.030(a) prohibits using or threatening force, coercion, violence, restraint, damage, harm, or loss to induce or compel another person to vote or refrain from voting.

Alaska law also prohibits injuring, oppressing, threatening, or intimidating another person with intent to deprive the person of a constitutional or statutory right, or because the person exercised or enjoyed that right; and prohibits intentionally depriving another person of a constitutional or statutory right under color of law (Alaska Stat. § 11.76.110). In addition, state law prohibits compelling another person to engage in conduct they have a legal right to abstain from — or to abstain from conduct they have a legal right to engage in — by instilling fear that noncompliance may result in physical injury, criminal accusation, exposure of confidential information, or a person taking or withholding official action as a public servant, or causing a public servant to take or withhold official action (Alaska Stat. § 11.41.530(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 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.” 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 for the November 3, 2026, and earlier federal elections. 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 and publicly communicating how voters should return 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.
  • 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