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The Arkansas 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.

October 16, 2026
October 16, 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.”

Arkansas State Law: Summary of Key Provisions*

Core Election Interference Provisions

  • Ark. Const. art. III, § 2: “Elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage; nor shall any law be enacted whereby such right shall be impaired or forfeited, except for the commission of a felony, upon lawful conviction thereof.”
  • Ark. Const. art. III, § 4: “Electors shall, in all cases (except treason, felony and breach of the peace,) be privileged from arrest during their attendance at elections, and going to and from the same.”
  • Ark. Const. art. III, § 6: “Any persons who shall be convicted of fraud, bribery, or other willful and corrupt violation of any election law of this State, shall be adjudged guilty of a felony, and disqualified from holding any office of trust or profit in this State.”
  • Ark. Code Ann. § 7–1–104: Prohibits the following as felonies:
    • threatening or attempting to intimidate a voter or their family, business, or profession;
    • interfering with, preventing, or attempting to interfere with or prevent a qualified voter from voting, other than good faith challenges authorized by law;
    • tampering with a voting machine or fraudulently affecting or attempting to affect its results;
    • falsely making or fraudulently destroying a certificate of nomination, knowingly filing a false certificate, suppressing a filed nomination, or forging or falsely writing an election official’s name or initials on a ballot;
    • attending a polling site on Election Day and distributing campaign materials for the purpose of influencing voters, except as otherwise permitted by law;
    • possessing another person’s absentee ballot with intent to defraud a voter or election official;
    • as an election official, knowingly permitting a person to vote a ballot other than the person’s legal ballot;
    • refusing a qualified voter’s vote or making a false election return;
    • willfully making a false count of ballots or falsely or fraudulently certifying election returns;
    • fraudulently changing, altering, or obliterating pollbooks or other election books or breaking a seal on a ballot box, voting machine, or stub box without legal authorization;
    • contriving, altering, forging, counterfeiting, detaining, mutilating, stealing, concealing, or destroying election returns or election materials for the purpose of hindering, preventing, or falsely reporting a tabulation or check of returns;
    • violating requirements governing the preservation, storage, opening, or destruction of ballots, ballot stubs, certificates, and other election materials; or
    • disclosing how a voter voted unless compelled to do so in a judicial proceeding.
  • Ark. Code Ann. § 7–1–103: Prohibits the following as misdemeanors:
    • electioneering by an election official while acting in an official capacity on Election Day or during early voting, in a building where voting is taking place, or within 100 feet of the primary exterior entrance used by voters, and electioneering by any person during voting hours in those areas or with persons standing in line to vote;
    • removing, tearing down, or destroying voting booths, supplies, or other materials placed at a polling site to enable voters to prepare their ballots;
    • taking or carrying an official ballot outside the polling room, or possessing such a ballot outside the polling room before the polls close;
    • furnishing false information about the contents of a ballot to a voter who cannot read, or marking or changing such a voter’s ballot so as to prevent them from voting as intended;
    • unfolding a ballot or, without the voter’s express consent, ascertaining or attempting to ascertain how the voter voted before the ballot is placed in the ballot box;
    • providing assistance to a voter in marking and casting their ballot except as authorized by law;
    • altering or attempting to alter a cast ballot, fraudulently adding or attempting to add a ballot to those lawfully cast, or withdrawing or attempting to withdraw a lawfully cast ballot, with the intent or effect of affecting the count or recount;
    • interfering with officials lawfully conducting an election or canvass or with voters lawfully exercising their right to vote;
    • disclosing election results before the polls close, as an election official, poll watcher, or other person, subject to an exception for certain precincts or townships with 15 or fewer registered voters;
    • violating any provision of Arkansas’s absentee voting laws; or
    • entering or remaining within 100 feet of the primary exterior entrance to a building where voting is taking place, except when entering or leaving for a lawful purpose.
  • Ark. Code Ann. § 7–5–310: Prohibits the following:
    • a person who is neither a poll worker nor casting a ballot from being within six feet of a voting booth, unless authorized by an election judge and the person’s presence is necessary to keep order or enforce the law;
    • a person from entering a polling site on Election Day during voting hours unless the person is:
      • an election official;
      • an authorized poll watcher;
      • a voter present to cast a ballot;
      • a person in the care of a voter who does not disrupt or interfere with normal voting procedures and is not eligible to vote in the election;
      • a person lawfully assisting a voter;
      • a law enforcement officer or emergency service personnel acting in the line of duty;
      • a monitor authorized by the State Board of Election Commissioners or an observer authorized by a federal agency with authority to place the observer at the polling site;
      • a person with non-election-related business in the polling site who remains outside the voter processing area or voting room except to pass through without speaking to a voter or election official;
      • a person authorized by the county clerk or county board of election commissioners to assist in conducting the election;
      • a person authorized by the State Board of Election Commissioners or county board of election commissioners; or
      • the county clerk; or
    • a person assisting a voter, including a poll worker, from commenting on or interpreting the voter’s choices while assisting them in marking or casting a ballot.
  • Ark. Code Ann. § 7–5–312: Prohibits using force, intimidation, harassment, or coercion to interfere with a registered voter’s ability to vote, an election official’s duties, or a poll watcher’s duties, and makes such conduct a misdemeanor.
  • Ark. Code Ann. § 5–54–102: Prohibits knowingly obstructing, impairing, or hindering the performance of any governmental function, and makes such conduct a misdemeanor.
  • Ark. Code Ann. § 5–13–204: Prohibits purposely displaying a firearm, under circumstances manifesting extreme indifference to the value of human life, in a manner that creates a substantial danger of death or serious physical injury to another person, and makes such conduct a felony.
  • Ark. Code Ann. § 5–13–301: Prohibits the following:
    • threatening to cause death, serious physical injury, or substantial property damage to another person with the purpose of terrorizing that person, and makes such conduct a felony; or
    • threatening physical injury or property damage to another person with the purpose of terrorizing that person, and makes such conduct a misdemeanor.
  • Ark. Code Ann. § 5–73–120: Prohibits possessing a handgun on or about one’s person, in an occupied vehicle, or otherwise readily available for use with a purpose to attempt to unlawfully employ it as a weapon against another person, and makes such conduct a misdemeanor.
  • Ark. Code Ann. § 5–73–119: Prohibits the following as felonies:
    • possessing a firearm on the developed property of a public or private K–12 school; or
    • possessing a handgun on the property of a private or publicly supported institution of higher education, on or about one’s person, in an occupied vehicle, or otherwise readily available for use with a purpose to employ it as a weapon against another person.
  • Ark. Code Ann. § 5–73–122: Prohibits knowingly carrying or possessing a loaded firearm in a publicly owned building or facility, and makes a violation a misdemeanor.

Election Material Maintenance, Access, and Retention

Various Arkansas constitutional and statutory provisions, including Ark. Const. amend. LI, § 8, along with Ark. Ark. Code Ann. §§ 7–5–408, 7–5–702, and 13–4–306, require election officials to retain and preserve election records for certain durations. The table below lists key records retention requirements for federal and state offices.

 

Election Observers

  • Ark. Code Ann. § 7–5–312: Prohibits poll watchers from:
    • wearing campaign material advocating for or against a candidate or ballot measure;
    • interfering with a voter in preparing or casting a ballot;
    • hindering or preventing an election official from performing official duties;
    • being within six feet of a voting machine or booth used by voters;
    • speaking to or attempting to influence a voter inside a polling site or within 100 feet of the primary exterior entrance used by voters; or
    • disrupting the orderly conduct of an election.
  • 7 Ark. Code R. § 91–105: Prohibits poll watchers from:
    • being within six feet of a voter who is in the process of voting or positioning themselves so they can see how a voter is marking a ballot;
    • possessing an absentee ballot, removing a voter statement from the canvassing area, individually reviewing every absentee voter statement, or using inspection rights in bad faith to impede the canvassing process;
    • accessing, touching, manipulating, or otherwise taking physical possession of a ballot during counting; or
    • during absentee ballot canvassing, being closer than three feet from the canvassing process except when inspecting a voter statement.
  • 7 Ark. Code R. § 51–106: Prohibits certified election monitors from:
    • expressing bias or preference concerning a political party, candidate, or issue in the election process;
    • interfering with the election process, polling procedures, or vote count;
    • displaying or wearing partisan symbols, colors, or banners; or
    • commenting about their observations to the media or other interested persons, except to provide general information about the nature of their activity as observers.

Emergency Powers

  • Ark. Code Ann. § 12–75–114: Authorizes the governor, during a state of disaster emergency, to “suspend the provisions of any regulatory statutes prescribing the procedures for conduct of state business, or the orders or rules of any state agency,” if strict compliance “would in any way prevent, hinder, or delay necessary action in coping with the emergency.”
  • Ark. Code Ann. § 7–5–101: Authorizes a county board of election commissioners, by unanimous vote and in the event of an emergency, to alter precinct boundaries or establish a new precinct less than 60 days before an election, and permits late changes to polling site and vote center locations in the event of an emergency.
  • Ark. Code Ann. § 7–5–418: Authorizes a county board of election commissioners, by unanimous vote, to close one or more early voting locations for one or more days due to inclement weather, provided that at least one early voting location in the county seat remains open each day designated for early voting.

Paramilitary Activity and Civil Disorder

  • Ark. Const. art. II, § 27: “The military shall, at all times, be in strict subordination to the civil power.”
  • Ark. Code Ann. § 5–54–205: Prohibits “terrorism,” defined as conduct intended to intimidate or coerce a civilian population, influence the policy of a unit of government through intimidation or coercion, affect the conduct of a unit or level of government through intimidation or coercion, or retaliate against a civilian population or unit of government for a policy or conduct, and makes such conduct a felony.
  • Ark. Code Ann. § 5–71–201: Prohibits a “riot,” defined as knowingly engaging, with two or more other persons, in tumultuous or violent conduct that creates a substantial risk of causing public alarm, disrupting the performance of a governmental function, or damaging property or injuring a person, and makes such conduct a misdemeanor.
  • Ark. Code Ann. § 5–71–202: Prohibits committing a riot while knowingly possessing a deadly weapon or knowing that another person participating in the riot possesses a deadly weapon, and makes such conduct a felony.
  • Ark. Code Ann. § 5–71–203: Prohibits knowingly urging others by speech or conduct to participate in a riot under circumstances creating a clear and present danger that they will do so, or giving commands, instructions, or signals to others in furtherance of a riot; and makes such conduct a misdemeanor, or a felony if physical injury or property damage results.
  • Ark. Code Ann. § 5–71–204: Prohibits furnishing another person with a deadly weapon or explosive device, or instructing another person in the preparation or use of such a weapon or device, knowing that it is to be used in a riot, and makes such conduct a felony.
  • Ark. Code Ann. § 5–71–205: Prohibits assembling with two or more other persons for the purpose of engaging in conduct constituting a riot, and makes such conduct a misdemeanor.
  • Ark. Code Ann. § 5–71–206: Prohibits refusing or knowingly failing, during a riot or unlawful assembly, to disperse when ordered to do so by a law enforcement officer or other person engaged in enforcing or executing the law, and makes such conduct a misdemeanor.
  • Ark. Code Ann. § 5–71–207: Prohibits the following as misdemeanors when done to cause — or with reckless disregard for the risk of causing — public inconvenience, annoyance, or alarm:
    • engaging in fighting or violent, threatening, or tumultuous behavior;
    • disrupting or disturbing a lawful assembly or meeting;
    • obstructing vehicular or pedestrian traffic;
    • congregating with two or more other persons in a public place and refusing to comply with a lawful order to disperse; or
    • creating a hazardous or physically offensive condition.

Other Relevant Laws

  • Ark. Code Ann. § 16–123–108: Authorizes “aggrieved persons” to enforce a prohibition against coercing, intimidating, threatening, or interfering with an individual “in the exercise or enjoyment of, or on account of . . . having exercised or enjoyed, or on account of . . . having aided or encouraged any other individual in the exercise or enjoyment of” the right to vote and participate fully in the political process.

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 Arkansas

The governor of Arkansas serves as the state’s chief executive officer (see Ark. Const. art. VI, § 2). Governor Sarah Huckabee Sanders took office in January 2023 and is currently serving her first four-year term.

State law authorizes the governor, during a state of disaster emergency, to “suspend the provisions of any regulatory statutes prescribing the procedures for conduct of state business, or the orders or rules of any state agency,” if strict compliance “would in any way prevent, hinder, or delay necessary action in coping with the emergency” (Ark. Code Ann. § 12–75–114(e)(1)).

In 2020, during the Covid-19 pandemic, former Governor Asa Hutchinson issued an executive order that permitted Arkansas voters concerned about voting in person to vote absentee. The order also permitted election officials to begin processing absentee ballot materials earlier than usual to accommodate the anticipated increase in absentee voting.

The governor also serves as commander in chief of the state’s military and naval forces (Ark. Const. art. VI, § 6). The state’s militia consists of the organized militia — composed of the active and inactive Army National Guard and Air National Guard — and the unorganized militia, which includes members of the militia who are not in the active or inactive National Guard (Ark. Code Ann. § 12–61–101(a)). The governor may order all or any part of the organized militia into active state service in the event of “invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof”; to preserve public health and security and maintain law and order; to plan, train for, or respond to emergencies or disasters; or to address cybersecurity threats or vulnerabilities, including threats to critical infrastructure and state information systems (Ark. Code Ann. § 12–61–111(a)(1)).

Arkansas Secretary of State

Cole Jester was appointed Arkansas secretary of state in January 2025 by Governor Sanders to replace John Thurston, who resigned to become state treasurer. The secretary of state is a statewide executive officer who ordinarily is elected by the qualified electors of the state (Ark. Const. art. VI, §§ 1, 3), but vacancies in elective state offices are filled by gubernatorial appointment (Ark. Const. amend. XXIX, § 1). Secretary Jester was appointed to serve the remainder of Thurston’s term, which expires in January 2027, and is not seeking election to a full term.

The secretary of state serves as Arkansas’s chief election official (Ark. Const. amend. LI, § 5). Among other duties, the secretary of state administers the official statewide voter registration list and is responsible for its security and accuracy (Ark. Const. amend. LI, § 7); receives certain candidate filings and certifies candidate lists for state and federal offices (Ark. Code Ann. § 7–7–203); receives certified election returns from county boards and canvasses and certifies election results as provided by law (Ark. Code Ann. §§ 7–5–701, 7–5–703, 7–5–704, 7–7–401); determines the sufficiency of statewide initiative and referendum petitions and canvasses the returns on ballot measures (Ark. Code Ann. §§ 7–9–111, 7–9–119); and selects voting machines and electronic vote tabulating devices authorized for use in the state and develops programs to educate voters and election officials on their use (Ark. Code Ann. § 7–5–301). In presidential elections, the secretary of state also receives presidential elector certifications and hosts the meeting of the Electoral College (Ark. Code Ann. §§ 7–8–302, 7–8–306).

The secretary of state separately has specific rulemaking powers, which include implementing requirements governing the statewide voter registration system and ensure its security, accuracy, and integrity (Ark. Const. amend. LI, § 7(j)(3)); establishing requirements for vote centers, including standards for electronic equipment, secure connections, testing, backup, and procedures in the event of system failure (Ark. Code Ann. § 7–1–113(f)); providing for the issuance of voter verification cards (Ark. Code Ann. § 7–5–324(a)); and implementing the process by which victims of domestic violence may obtain secure voter status (Ark. Code Ann. § 7–5–112(d)).

Arkansas State Board of Election Commissioners

The Arkansas State Board of Election Commissioners consists of seven members: the secretary of state; one member designated by each chair of the state Democratic Party and the state Republican Party; one member chosen by the president pro tempore of the state senate and one chosen by the speaker of the state House; and two members chosen by the governor, one of whom must be a county clerk and one of whom must have served for at least three years as a county election commissioner (Ark. Code Ann. § 7–4–101(a)). If a vacancy occurs on the board, a successor must be appointed to serve the remainder of the unexpired term within 30 days by the official responsible for appointing the member’s predecessor (Ark. Code Ann. § 7–4–101(d)(5)).

The current members are:

  • Cole Jester (secretary of state and chair)
  • Sharon Brooks
  • Deborah Ferguson
  • Bob Ballinger
  • Jonathan Williams
  • Rick Davis
  • Jamie Clemmer

The board’s election administration responsibilities include conducting training for election officers and county election commissioners across the state (Ark. Code Ann. § 7–4–101(f)(2)); examining and approving the types of voting machines and electronic vote tabulation devices that may be used in Arkansas elections (Ark. Code Ann. § 7–4–101(f)(10)); conducting postelection audits (Ark. Code Ann. §§ 7–4–101(f)(13), 7–4–121); and considering appeals challenging certain county board decisions to reduce the number of polling sites (Ark. Code Ann. §§ 7–4–101(f)(15), 7–5–101). The board may also assist a county board of election commissioners with administrative election duties when it determines that such assistance is necessary and appropriate, and it may conduct election integrity reviews of election-related records following an election cycle (Ark. Code Ann. §§ 7–4–101(f)(7), (18), 7–4–124).

The State Board of Election Commissioners also has broad regulatory authority over election administration. It may “formulate, adopt, and promulgate all necessary rules” to assure the even and consistent application of voter registration laws and fair and orderly election procedures (Ark. Code Ann. § 7–4–101(f)(5)). Select examples of regulations include:

The Arkansas Administrative Procedure Act permits the board to adopt an emergency rule “without prior notice or hearing, or upon any abbreviated notice and hearing that it may choose,” if it finds that “imminent peril to the public health, safety, or welfare” or compliance with a federal law or regulation requires adoption of a rule with less than 30 days’ notice, and it states the reasons for that finding in writing (Ark. Code Ann. § 25–15–204(c)(1)).

The board also has authority to investigate alleged violations of election and voter registration laws within its jurisdiction, render findings, institute corrective actions, and impose sanctions (Ark. Code Ann. §§ 7–4–101(f)(9), 7–4–120(a)). In conducting investigations, the board may administer oaths, require written responses or appearances, and subpoena persons or relevant records (Ark. Code Ann. § 7–4–120(d)(3)). If the board finds a violation, it may issue a public letter of caution, warning, reprimand, or conditional warning; impose a fine; report its findings to law enforcement; make expenditures and order payment of investigation and hearing costs; or decertify an election official (Ark. Code Ann. § 7–4–120(e)(1)–(5)). The board may also issue an order directing itself to “take over and conduct elections in the county in question” if it considers the violation severe and determines that the violation would threaten either the county’s ability to conduct an “equal, free, and impartial election” or the appearance of an equal, free, and impartial election (Ark. Code Ann. § 7–4–120(e)(6)). The Joint Performance Review Committee may likewise recommend a State Board of Election Commissioners takeover when the committee determines that violations are severe and would pose the same threat (Ark. Code Ann. § 7–4–120(b)(6)(B)(iii)).

Arkansas National Guard

Major General Olen (Chad) Bridges serves as the adjutant general of Arkansas. The adjutant general is appointed by the governor, is subject to confirmation by the state senate, and serves at the pleasure of the governor (Ark. Code Ann. § 25–43–1203(b), (f)).The adjutant general commands the Arkansas National Guard. Governor Sanders appointed Major General Bridges in August 2024.

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.

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.

In 2025, Governor Sanders activated “up to 40” Guard members to provide U.S. Immigration and Customs Enforcement (ICE) with “logistical support for detainee transport” and to help “process detained individuals and perform clerical tasks to facilitate illegal immigrant detainment.” 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, election offices, or other election facilities under various circumstances. Regardless of the reason, their appearance may cause concern or confusion. As federal presence in election settings has historically been rare and is subject to both federal and state limitations, reviewing the applicable laws and regulations will help you to appropriately prepare and respond, if necessary.

Scenario: Federal 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 can bring firearms into an in-person voting location. Additional jurisdictional questions may arise when polling sites are located on federal property, including within federal buildings.

Discussion

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

Although Arkansas law protects the right to keep and bear arms (see Ark. Const. art. II, § 5), it prohibits carrying a handgun on or about one’s person, in an occupied vehicle, or otherwise readily available for use “with a purpose to attempt to unlawfully employ” it as a weapon against another person (Ark. Code Ann. § 5–73–120(a)). State law presumes that a “law enforcement officer” or a member of the U.S. Armed Forces acting in the course and scope of official duties is carrying a handgun for a lawful purpose (Ark. Code Ann. § 5–73–120(c)(2)). Arkansas law defines a “law enforcement officer” as “any public servant vested by law with a duty to maintain public order or to make an arrest for an offense” (Ark. Code Ann. § 5–1–102(10)). Federal law enforcement officers therefore might fall within that definition.

Additionally, Arkansas law presumes that a “certified law enforcement officer,” whether on or off duty, is carrying a handgun for a lawful purpose (Ark. Code Ann. § 5–73–120(c)(7)). The term “certified law enforcement officer” appears tied to Arkansas’s state law enforcement certification framework and therefore may not encompass federal officials merely by virtue of their federal positions (Ark. Code Ann. § 12–9–102(3)). At the same time, Arkansas expressly grants certain federal law enforcement officers authority to arrest persons for violations of Arkansas law and gives them the same immunity as certified state law enforcement officers (Ark. Code Ann. § 16–81–106(g)). Those federal officers therefore may have a basis for qualifying as certified law enforcement officers.

Finally, state law presumes a lawful purpose when a person carries a concealed handgun pursuant to a valid or recognized concealed carry license (Ark. Code Ann. § 5–73–120(c)(8)). However, a concealed handgun license does not authorize carrying a concealed handgun in locations that may serve as polling sites — including courthouses and other county buildings used for court proceedings or housing county offices, courtrooms, governmental bodies’ meeting places, state offices, and school, college, or university campus buildings — subject to exceptions that may apply to certain government-employed licensees whose principal place of employment is in a county building and who are authorized to carry there under a county-approved plan; persons authorized by a judge to carry in a courtroom; or licensed carriers permitted to carry in certain institutions of higher education, as discussed below (Ark. Code Ann. §§ 5–73–306(5)–(9), (13), 5–73–322(b)–(c), (g)). These exceptions are unlikely to apply to federal personnel merely by virtue of their federal status.

In addition to § 5–73–306’s limitations on where a concealed handgun licensee may carry, Arkansas law independently restricts firearm possession at certain locations that may serve as polling sites.

First, state law prohibits possession of a firearm on the developed property of a public or private K–12 school (Ark. Code Ann. § 5–73–119(b)(1)(A)). That restriction does not apply to a “law enforcement officer” or a member of the U.S. Armed Forces acting in the course and scope of official duties, and it separately permits possession by a “certified law enforcement officer whether on or off duty” (Ark. Code Ann. § 5–73–119(e)(2), (6)). As discussed above, federal law enforcement officers might qualify as “law enforcement officers” under Arkansas law’s broad definition, while application of the separate exemption for “certified law enforcement officers” may depend on whether that exemption extends to federal officers who are expressly authorized under Arkansas law to arrest persons for violations of state law and receive the same immunity as certified state law enforcement officers.

Second, state law prohibits possession of a handgun on or about the person, in an occupied vehicle, or otherwise readily available for use with the purpose of employing it as a weapon against another person at a public or private institution of higher education (Ark. Code Ann. § 5–73–119(c)(1)). This restriction does not apply to a concealed carry licensee who has completed additional training to carry a concealed handgun in the buildings and on the grounds of a public university, college, or community college, nor does it bar licensed concealed carry at a private university or college unless the institution has adopted a policy prohibiting it (Ark. Code Ann. § 5–73–322(b), (c), (g)). The restriction likewise does not apply to a “law enforcement officer” or a member of the U.S. Armed Forces acting in the course and scope of official duties, and the statute separately permits possession by a “certified law enforcement officer,” whether on or off duty (Ark. Code Ann. § 5–73–119(e)(2), (6)). The same considerations discussed above regarding whether federal law enforcement officers qualify under either exemption would apply here.

Third, state law prohibits knowingly carrying or possessing a loaded firearm in a publicly owned building or facility (Ark. Code Ann. § 5–73–122(a)(1)). This prohibition expressly does not apply to a “law enforcement officer,” whether on or off duty, or to “any state or federal military personnel” (Ark. Code Ann. § 5–73–122(a)(1)). However, as noted above, federal law enforcement officers might qualify for the “law enforcement officer” exemption.

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

Planning and Preparation Steps for Consideration
  • Review current policies that address access to in-person voting locations and speak with other election officials in your state about their policies.
  • Discuss your office’s policies with your counsel 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 organizations, 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 organizations, 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.
  • If an in-person voting site is located on federal property, meet with relevant federal officials in advance to discuss potential jurisdictional issues and agree on the rules and procedures that will apply during in-person voting. Formalize agreements as appropriate.
  • Contact your counsel and notify other election officials in your state of challenges that arise during the in-person voting period.

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

Summary

Both the Department of Justice (DOJ) and Congress may deploy election observers or monitors. Federal and state laws prohibit interfering with election administration and intimidating voters. The application of these state law restrictions to federally authorized observers or monitors may be limited to the extent they are preempted by federal law.

Discussion

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

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

Federal monitors. In the past, the DOJ has deployed federal monitors “to elections in communities all across the country.” For example, in November 2020, it deployed monitors to 18 states. In November 2024, it deployed monitors to voting locations in 27 states. The department announced in July 2026 that it would send election monitors to 15 jurisdictions across Arizona, Massachusetts, Michigan, Minnesota, New Hampshire, and Virginia during primary elections. And in September 2026, it announced that it would send 1,000 monitors to “select locations around the country to observe the general election in November.”

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

In the absence of a federal statute clearly providing DOJ staff monitors access to polling locations, these monitors are generally subject to state laws governing access to the polls, which may include rules on credentialing, conduct, and where observers may be stationed. According to a 2018 report by the U.S. Commission on Civil Rights, the DOJ can “send its own staff to monitor elections, but they can only enter the polls if they have permission from the local jurisdiction.” Arkansas law generally prohibits a person from entering a polling site on Election Day during voting hours, but it expressly excepts an observer authorized by a federal agency with authority to place the observer at the polling site (Ark. Code Ann. § 7–5–310(a)(3)(G)).

When access to polling sites has not been granted or is in question, some state election officials, including Missouri’s secretary of state and Texas’s attorney general, have requested a court order barring federal monitors inside polling locations when informed that jurisdictions in their states had been selected for federal monitoring. In Texas — which unlike St. Louis County had no prior settlement agreement with the DOJ authorizing federal monitoring — the department agreed to station observers outside polling locations. AfterDOJ monitors reportedly 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, it 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)). The act also establishes “specific guidelines for conduct and interactions between observers and election staff” and places restrictions on congressional election observers, including prohibitions on handling ballots or voting equipment.

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

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

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

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

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

As for state law, Ark. Code Ann. § 7–5–312(i) prohibits using force, intimidation, harassment, or coercion to interfere with an election official’s duties. Ark. Code Ann. § 7–1–103(a)(19)(G) likewise prohibits interfering with officials lawfully conducting an election or canvass, while Ark. Code Ann. § 5–54–102(a) prohibits knowingly obstructing, impairing, or hindering the performance of a governmental function. State law also prohibits removing, tearing down, or destroying voting booths, supplies, or other materials placed at a polling site to enable voters to prepare their ballots (Ark. Code Ann. § 7–1–103(a)(12)). Additional provisions bar tampering with a voting machine or fraudulently affecting or attempting to affect its results; fraudulently changing, altering, or obliterating pollbooks or other election books or breaking a seal on a ballot box, voting machine, or stub box without legal authorization; altering, detaining, mutilating, stealing, concealing, or destroying election returns or materials for the purpose of hindering, preventing, or falsely reporting a tabulation or check of returns; and violating the requirements governing the preservation, storage, opening, or destruction of ballots, ballot stubs, certificates, or other election materials (Ark. Code Ann. §§ 7–1–104(a)(9), (16)–(18), 7–5–702).

Moreover, Arkansas law protects voters against interference or intimidation. The Arkansas Constitution states that “[n]o power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage” (Ark. Const. art. III, § 2). Ark. Code Ann. § 7–1–104(a)(5)–(6) prohibits threatening or attempting to intimidate a voter or their family, business, or profession, as well as interfering with, preventing, or attempting to interfere with or prevent a qualified voter from voting, other than through a good faith challenge authorized by law. Ark. Code Ann. § 7–5–312(i) separately prohibits using force, intimidation, harassment, or coercion to interfere with a registered voter’s ability to vote.

On top of these prohibitions, Arkansas law imposes certain restrictions on election observers subject to state law. As an initial matter, Arkansas law distinguishes between poll watchers and certified election monitors. Poll watchers are qualified Arkansas electors who generally serve as authorized representatives of candidates, political parties, or groups supporting or opposing ballot measures (Ark. Code Ann. § 7–5–312(a)(1)–(4), (b)(1)). Certified election monitors, by contrast, are appointed by the State Board of Election Commissioners to serve as observers and report to the board on the conduct of elections (Ark. Code Ann. § 7–4–101(f)(6)(A), (C)). State law prohibits poll watchers from interfering with a voter in preparing or casting a ballot; hindering or preventing an election official from performing official duties; being within six feet of a voting machine or booth used by voters; speaking to or attempting to influence voters inside a polling site or within 100 feet of its primary exterior entrance; or disrupting the orderly conduct of an election (Ark. Code Ann. § 7–5–312(f)(2)–(3), (m)). Arkansas regulations further prohibit poll watchers from positioning themselves where they can see how a voter is marking a ballot; taking physical possession of an absentee ballot; using document inspection rights in bad faith to impede the canvassing process; or accessing, touching, manipulating, or otherwise taking physical possession of a ballot during counting (7 Ark. Code R. § 91–105(b)(4)(ii), (c)(1)(C), (F)(ii), (c)(2)(B)(ii), (C)(iii)). On the other hand, restrictions on certified election monitors only require them to maintain strict impartiality; undertake their duties unobtrusively without interfering with the election process, polling procedures, or vote count; and refrain from displaying or wearing partisan symbols, colors, or banners (7 Ark. Code R. § 51–106(b)(1)–(2), (4)).

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,” and requires them to “preserve and maintain” these records for 22 months (52 U.S.C. § 20701). The Department of Justice (DOJ) has advised that election-related records must remain under election officials’ supervision, thereby limiting conditions under which others may be granted access. In Arkansas, county boards of election commissioners are the custodians of ballots, ballot stubs, certificates, voting machines, and electronic vote tabulation devices (Ark. Code Ann. §§ 7–5–301(m)(1), 7–5–702(a), (d)).

Federal and state laws may limit the information that local Arkansas 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 requires county clerks that maintain computerized voter registration lists to provide those lists upon request, it prohibits disclosure of address information for voters with secure voter status, which is available to qualifying victims of domestic violence (Ark. Code Ann. §§ 7–5–109(c)(1), 7–5–112(a), (c), (e)). Additionally, Ark. Const. amend. LI, § 7(j)(2)(E) requires the secretary of state to ensure that “all confidential voter registration information and data remains confidential and protected under state and federal law.”

In litigation over the DOJ’s demand for California’s full, unredacted statewide voter registration list, the DOJ represented at a hearing that several states, including Arkansas, had already voluntarily complied with a similar demand.

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

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

As for state law, Ark. Code Ann. § 7–5–312(i) prohibits using force, intimidation, harassment, or coercion to interfere with an election official’s duties. Ark. Code Ann. § 7–1–103(a)(19)(G) likewise prohibits interfering with officials lawfully conducting an election or canvass, while Ark. Code Ann. § 5–54–102(a) prohibits knowingly obstructing, impairing, or hindering the performance of a governmental function. State law also prohibits removing, tearing down, or destroying voting booths, supplies, or other materials placed at a polling site to enable voters to prepare their ballots (Ark. Code Ann. § 7–1–103(a)(12)). Additional provisions prohibit tampering with a voting machine or fraudulently affecting or attempting to affect its results; fraudulently changing, altering, or obliterating pollbooks or other election books or breaking a seal on a ballot box, voting machine, or stub box without legal authorization; altering, detaining, mutilating, stealing, concealing, or destroying election returns or materials for the purpose of hindering, preventing, or falsely reporting a tabulation or check of returns; and violating the requirements governing the preservation, storage, opening, or destruction of ballots, ballot stubs, certificates, or other election materials (Ark. Code Ann. §§ 7–1–104(a)(9), (16)–(18), 7–5–702).

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, and election equipment should be structured in a way that preserves the security of election materials and equipment, protects voter privacy, and avoids unnecessary disruption to voting, canvassing, or certification processes.
  • It is important to note, however, that if federal officials present a warrant signed by a judge, judicially approved warrants generally require prompt compliance, and it may be a crime to resist or interfere with their execution. Nonetheless, you should still concurrently contact your counsel without delay.
  • If access to voter data, election materials, or election equipment is provided in response to a subpoena or warrant, consult with counsel 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 Arkansas Association of County Clerks, the Elections Division of the Arkansas secretary of state’s office, the Arkansas State Board of Election Commissioners, 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 election facilities 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, although Arkansas law protects the right to keep and bear arms (see Ark. Const. art. II, § 5), it prohibits carrying a handgun with a purpose to unlawfully employ it as a weapon against another person (Ark. Code Ann. § 5–73–120(a)). The statute presumes a lawful purpose when the person is a “law enforcement officer,” a member of the U.S. Armed Forces acting within the scope of official duties, an on- or off-duty “certified law enforcement officer,” or a person carrying a concealed handgun pursuant to a valid or recognized concealed carry license who is not in a prohibited location (Ark. Code Ann. §§ 5–73–120(c)(2), (7), (8), 5–73–306). Federal law enforcement officers might qualify as “law enforcement officers” under Arkansas law’s broad definition, while application of the separate “certified law enforcement officer” presumption may depend on whether that category extends to federal officers who are expressly authorized under Arkansas law to arrest persons for violations of state law and receive the same immunity as certified state law enforcement officers.

Ark. Code Ann. § 5–73–306(5)–(9), (13) separately limits where a concealed handgun licensee may carry, including certain courthouses and county buildings, courtrooms, government meeting places, state offices, and school, college, or university campus buildings or events. The statute contains several exceptions, but none applies merely by virtue of an individual’s federal status.

In addition to § 5–73–306’s limitations on where a concealed handgun licensee may carry, Arkansas law independently restricts firearm possession at certain locations that may serve as polling sites. State law prohibits firearm possession on developed K–12 school property; restricts handgun possession at public and private institutions of higher education, while permitting specified licensed concealed carry; and generally prohibits knowingly carrying or possessing a loaded firearm in a publicly owned building or facility (Ark. Code Ann. §§ 5–73–119(b)(1)(A), (c)(1), 5–73–122(a)(1), 5–73–322(b), (c), (g)). The school and higher education restrictions do not apply to a “law enforcement officer” or a member of the U.S. Armed Forces acting in the course and scope of official duties, and separately permit possession by a “certified law enforcement officer,” whether on or off duty (Ark. Code Ann. §§ 5–73–119(e)(2), (6)). The public building restriction likewise exempts an on- or off-duty “law enforcement officer” as well as “any state or federal military personnel” (5–73–122(a)(1)).

Beyond these location-specific restrictions, Arkansas law prohibits purposely displaying a firearm, under circumstances manifesting extreme indifference to the value of human life, in a manner that creates a substantial danger of death or serious physical injury to another person (Ark. Code Ann. § 5–13–204(a)(2)). The prohibition does not apply to a “law enforcement officer” acting within the scope of duty or to a person acting in self-defense or defense of a third party (Ark. Code Ann. § 5–13–204(c)). As discussed above, federal law enforcement officers might qualify as “law enforcement officers” under Arkansas law’s broad definition. Additionally, state law prohibits threatening another person with death, physical injury, or property damage with the purpose of terrorizing that person (Ark. Code Ann. § 5–13–301(a)(1)(A), (b)(1)). This provision contains no exemptions and therefore might apply to conduct by armed federal personnel that exceeds lawful authority.

Separately, Section 11(b) of the Voting Rights Act of 1965 (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. Arkansas law similarly makes it unlawful to coerce, intimidate, threaten, or interfere with an individual “in the exercise or enjoyment of, or on account of . . . having exercised or enjoyed, or on account of . . . having aided or encouraged any other individual in the exercise or enjoyment of” the right to vote and participate fully in the political process (Ark. Code Ann. §§ 16–123–107(a)(5), 16–123–108(b)). “[A]ggrieved parties” may enforce this provision (Ark. Code Ann. § 16–123–108(c)(1)).

Arkansas law also prohibits conduct that interferes with or intimidates voters. The Arkansas Constitution states that “[n]o power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage” (Ark. Const. art. III, § 2). Additionally, Ark. Code Ann. § 7–1–104(a)(5)–(6) prohibits threatening or attempting to intimidate a voter or their family, business, or profession, as well as interfering with, preventing, or attempting to interfere with or prevent a qualified voter from voting, other than through a good faith challenge authorized by law. Ark. Code Ann. § 7–5–312(i) separately prohibits using force, intimidation, harassment, or coercion to interfere with a registered voter’s ability to vote.

Additionally, Arkansas law targets those who would interfere with election administration, including by intimidating election officials. Ark. Code Ann. § 7–5–312(i) prohibits using force, intimidation, harassment, or coercion to interfere with an election official’s duties. Ark. Code Ann. § 7–1–103(a)(19)(G) likewise prohibits interfering with officials lawfully conducting an election or canvass, while Ark. Code Ann. § 5–54–102(a) prohibits knowingly obstructing, impairing, or hindering the performance of a governmental function. State law also prohibits removing, tearing down, or destroying voting booths, supplies, or other materials placed at a polling site to enable voters to prepare their ballots (Ark. Code Ann. § 7–1–103(a)(12)). Additional provisions prohibit tampering with a voting machine or fraudulently affecting or attempting to affect its results; fraudulently changing, altering, or obliterating pollbooks or other election books or breaking a seal on a ballot box, voting machine, or stub box without legal authorization; altering, detaining, mutilating, stealing, concealing, or destroying election returns or materials for the purpose of hindering, preventing, or falsely reporting a tabulation or check of returns; and violating the requirements governing the preservation, storage, opening, or destruction of ballots, ballot stubs, certificates, or other election materials (Ark. Code Ann. §§ 7–1–104(a)(9), (16)–(18), 7–5–702).

Finally, state law provides election officials with authority to respond to conduct that may involve voter intimidation or disruption at polling places. Arkansas requires each polling site to have an election sheriff (Ark. Code Ann. § 7–4–107(b)(2)(A)). Despite the title, an election sheriff serves as an election official rather than a law enforcement officer (see Ark. Code Ann. § 7–1–101(12)). Poll watchers may call to the election sheriff’s attention any occurrence they believe to be an irregularity or violation of election law (Ark. Code Ann. § 7–5–312(m)). And while state law generally restricts who may enter a polling site on Election Day during voting hours, it expressly permits “a law enforcement officer acting in the line of duty” to enter (Ark. Code Ann. § 7–5–310). Consistent with these provisions, the State Board of Election Commissioners’ poll worker manual instructs poll workers to contact their county election commission or local law enforcement agency if a polling place disruption is occurring.

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

Scenario: Federal agents are deployed to communities

Summary

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

Discussion

Arkansas law prohibits purposely displaying a firearm, under circumstances manifesting extreme indifference to the value of human life, in a manner that creates a substantial danger of death or serious physical injury to another person (Ark. Code Ann. § 5–13–204(a)(2)). The prohibition does not apply to a “law enforcement officer” acting within the scope of duty or to a person acting in self-defense or defense of a third party (Ark. Code Ann. § 5–13–204(c)). As discussed above, federal law enforcement officers might qualify as “law enforcement officers” under Arkansas law’s broad definition. Additionally, state law prohibits threatening another person with death, physical injury, or property damage with the purpose of terrorizing that person (Ark. Code Ann. § 5–13–301(a)(1)(A), (b)(1)). This provision does not contain any exemptions and therefore might apply to conduct by armed federal personnel that exceeds lawful authority.

Separately, Section 11(b) of the Voting Rights Act of 1965 (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. Arkansas law similarly makes it unlawful to coerce, intimidate, threaten, or interfere with an individual “in the exercise or enjoyment of, or on account of . . . having exercised or enjoyed, or on account of . . . having aided or encouraged any other individual in the exercise or enjoyment of” the right to vote and participate fully in the political process (Ark. Code Ann. §§ 16–123–107(a)(5), 16–123–108(b)). “[A]ggrieved parties” may enforce this provision (Ark. Code Ann. § 16–123–108(c)(1)).

Arkansas law also prohibits conduct that interferes with or intimidates voters. The Arkansas Constitution states that “[n]o power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage” (Ark. Const. art. III, § 2). Additionally, Ark. Code Ann. § 7–1–104(a)(5)–(6) prohibits threatening or attempting to intimidate a voter or their family, business, or profession, as well as interfering with, preventing, or attempting to interfere with or prevent a qualified voter from voting, other than through a good-faith challenge authorized by law. Ark. Code Ann. § 7–5–312(i) separately prohibits using force, intimidation, harassment, or coercion to interfere with a registered voter’s ability to vote.

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

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

Summary

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

Discussion

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

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

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

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

Election officials can prepare for and respond to mail service interruptions or delays such as these by strengthening the parts of the process they can control — for example, by mailing ballots to voters as early as possible; reminding voters that they may return their absentee ballots directly to the county clerk’s office in person or through an authorized representative; and publicly communicating when 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 an absentee ballot, encourage them to return completed ballots as early as possible and remind them that they may return their absentee ballots directly to the county clerk’s office in person or through an authorized representative.
  • 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 Interference Law Handbooks series