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The Ohio 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 15, 2026
October 15, 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.”

Ohio State Law: Summary of Key Provisions*

Core Election Interference Provisions

  • Ohio Rev. Code § 3501.35: Prohibits the following as misdemeanors during an election and the counting of ballots:
    • loitering, congregating, or engaging in election campaigning within the area between the polling place and the small U.S. flags placed on the thoroughfares and walkways leading to the polling place, or within 10 feet of a voter waiting in line beyond those flags;
    • hindering or delaying a voter in reaching or leaving the place designated for casting a ballot;
    • giving, tendering, or exhibiting a ballot or ticket within the restricted area, except for a voter giving their own ballot to precinct election officials;
    • exhibiting any ticket or ballot that the voter intends to cast;
    • soliciting or otherwise attempting to influence a voter in casting their vote; or
    • entering a polling place during the election unless the person is:
      • an election official or employee;
      • an observer;
      • a police officer;
      • entering for the purpose of voting;
      • a non-voting-age child accompanying a voter;
      • a person assisting a voter as authorized by law;
      • a person entering to inspect posted voter registration lists as authorized by law; or
      • a journalist exercising reasonable access to the polling place.
  • Ohio Rev. Code § 3599.01: Prohibits as a felony attempting through intimidation, coercion, or other unlawful means to induce a voter to vote or refrain from voting for a particular candidate, question, or issue.
  • Ohio Rev. Code § 3599.05: Prohibits employers, their agents, and corporations from printing or authorizing statements on pay envelopes intended or calculated to influence employees’ political action, or posting or exhibiting in or about the workplace posters, placards, or handbills containing express or implied threats intended to influence employees’ political opinions or votes, and makes such conduct a criminal offense.
  • Ohio Rev. Code § 3599.06: Prohibits an employer, officer, or agent from:
    • discharging or threatening to discharge a voter for taking a reasonable amount of time to vote on Election Day;
    • requiring or ordering a voter to accompany the employer to a polling place;
    • refusing to permit a voter to serve as an election official on a registration day or Election Day; or
    • indirectly using force or restraint, threatening injury, harm, or loss, or otherwise intimidating a person to induce or compel them to vote or refrain from voting for or against a candidate, question, or issue.
  • Ohio Rev. Code § 3599.07: Prohibits precinct election officials, observers, and police officers admitted to polling rooms, while the polls are open, from possessing, distributing, or giving out ballots or tickets except in the proper discharge of an official duty involving the receipt, counting, or canvassing of votes, and makes such conduct a misdemeanor.
  • Ohio Rev. Code § 3599.11: Prohibits the following:
    • procuring, aiding, or attempting to procure through a false statement or other unlawful means the removal of a qualified voter’s name from a register or duplicate list, and makes such conduct a felony;
    • making, printing, issuing, or knowingly altering a false or counterfeit certificate of registration, and makes such conduct a felony;
    • knowingly destroying or helping another person destroy a completed registration form entrusted to a person assisting another with voter registration outside an official registration place, and makes such conduct a felony; or
    • knowingly failing to timely return a registration form, as a person entrusted to do so, to a county election board or the office of the secretary of state or knowingly returning such a form elsewhere, including when committed by a person compensated for registering voters, and makes such conduct a misdemeanor if the person has no prior conviction under any of the statute’s registration form return provisions, the violation does not cause anyone to miss a voter registration deadline, and no more than 49 registration forms are improperly returned, and otherwise makes such conduct a felony.
  • Ohio Rev. Code § 3599.16: Prohibits as felonies members, directors, and employees of county elections boards from the following:
    • willfully or negligently violating or neglecting to perform a legal duty, willfully performing or neglecting a duty so as to hinder the objects of the law, or willfully disobeying an applicable law;
    • willfully adding to or subtracting from votes actually cast in official returns, or adding, removing, or attempting to add or remove ballots from those legally cast;
    • carrying away, destroying, or mutilating registration cards or forms, pollbooks, or other election records;
    • acting as an election official except as specifically authorized in one’s official capacity; or
    • otherwise willfully and knowingly or unlawfully violating or seeking to prevent enforcement of the election laws.
  • Ohio Rev. Code § 3599.18: Prohibits as misdemeanors election officials, persons assisting in voter registration, and police officers from knowingly committing the following:
    • entering or consenting to the entry of a fictitious name on a voter registration list; or
    • altering a name on, removing, or destroying the registration card or form of a qualified voter.
  • Ohio Rev. Code § 3599.161: Prohibits an election board director, deputy director, or designated board employee from knowingly preventing or prohibiting any person from inspecting public election records under reasonable regulations established and posted by the board, and makes such conduct a misdemeanor.
  • Ohio Rev. Code § 3599.19: Prohibits as misdemeanors precinct election officials from knowingly:
    • unlawfully opening sealed election materials or misplacing, carrying away, losing, failing to deliver, or destroying such materials;
    • accepting or sanctioning acceptance of a ballot from an unqualified voter or a voter who refuses to answer a question required by election law, or refusing a ballot from a voter known to be qualified;
    • permitting fraudulent or improperly marked ballots to be cast or illegal or fraudulent ballots to be counted;
    • misleading a voter unable to prepare their own ballot, marking such a voter’s ballot contrary to instructions, or unlawfully revealing how the voter voted;
    • altering or marking ballots during counting or unlawfully counting or tallying votes;
    • improperly postponing or relocating vote counting or removing the ballot box after counting begins;
    • permitting ballots to remain in or be placed in ballot boxes improperly;
    • admitting unauthorized persons to or refusing lawful access to polling rooms;
    • permitting ballots to be counted contrary to law; or
    • otherwise neglecting or unlawfully executing a duty imposed by law.
  • Ohio Rev. Code § 3599.20: Prohibits the following as felonies:
    • attempting to induce a voter to show how they marked their ballot;
    • allowing one’s own ballot to be seen, except as authorized by law, with the apparent intention of revealing how one is about to vote;
    • making a false statement concerning a voter’s ability to mark the ballot;
    • knowingly marking a ballot so that it can be identified after being cast;
    • attempting to interfere with a voter in the voting booth while they are marking a ballot;
    • knowingly destroying or mutilating a lawful ballot;
    • removing a lawful ballot from the polling place or unlawfully possessing it outside the voting enclosure;
    • knowingly hindering or delaying delivery of a lawful ballot to a person entitled to receive it;
    • giving a voter a ballot printed or written contrary to law; or
    • forging or falsely making an official endorsement on a ballot.
  • Ohio Rev. Code § 3599.21: Prohibits the following as felonies:
    • an election official from opening, destroying, stealing, marking, or mutilating an absent voter’s ballot;
    • any person from aiding or abetting another person in opening, destroying, stealing, marking, or mutilating an absent voter’s voted ballot;
    • any person from delaying delivery of an absent voter’s ballot in order to prevent its timely arrival;
    • any person from hindering or attempting to hinder delivery or counting of an absent voter’s ballot;
    • any person from failing to forward to the appropriate election official an absent-voter-ballot application entrusted to that person to forward, including within 10 days after completion or sooner if necessary to avoid disenfranchising the voter;
    • any person from returning another person’s absent voter’s ballot to a county elections board except as authorized by law;
    • any person from possessing another person’s absent voter’s ballot except as authorized by law; or
    • a person compensated for soliciting absent-voter-ballot applications from failing to forward to the appropriate election official an application entrusted to that person to forward within 10 days after completion or sooner if necessary to avoid disenfranchising the voter.
  • Ohio Rev. Code § 3599.22: Prohibits persons employed to print official ballots from knowingly:
    • printing or permitting the printing of an official ballot other than the ballot furnished by an election board;
    • printing more ballots than are delivered to the board;
    • appropriating, giving, delivering, or permitting unauthorized persons to take official ballots;
    • printing ballots on paper other than that required by contract; or
    • packaging or delivering fewer ballots than the board directed to be printed.
  • Ohio Rev. Code § 3599.23: Prohibits the following as misdemeanors:
    • persons entrusted with printing, custody, or delivery of registration cards or forms, ballots, blanks, pollbooks, instruction cards, or other required election materials from unlawfully opening sealed packages, improperly giving or delivering them to unauthorized persons, unlawfully misplacing or carrying them away, knowingly failing to deliver or destroying them, or negligently losing them; or
    • persons entrusted with the preparation, custody, or delivery of marking devices from unlawfully opening sealed packages, giving devices to unauthorized persons, unlawfully or carelessly using them, negligently losing them, or failing to deliver or destroying them.
  • Ohio Rev. Code § 3599.24: Prohibits the following:
    • obtaining or attempting to obtain possession of ballots, ballot boxes, or pollbooks by force, fraud, or other improper means, and makes such conduct a felony;
    • recklessly destroying property used in conducting elections, and makes such conduct a felony;
    • attempting to intimidate an election officer or preventing an election official from performing their duties, and makes such conduct a misdemeanor;
    • knowingly tearing down, removing, or destroying registration lists or sample ballots furnished by the election board at a polling place, and makes such conduct a misdemeanor;
    • loitering in or about a polling place during the casting or counting of ballots so as to hinder, delay, or interfere with an election, and makes such conduct a misdemeanor; or
    • removing voting supplies or other materials furnished to enable voters to mark their ballots, and makes such conduct a misdemeanor.
  • Ohio Rev. Code § 3599.26: Prohibits the following as felonies:
    • fraudulently or deceitfully changing another voter’s ballot so as to prevent them from voting as intended;
    • marking another voter’s ballot except as authorized by law;
    • giving a voter a marked ballot with intent to ascertain how they voted;
    • knowingly misleading a voter who cannot read about the contents of a ballot so as to induce them to vote contrary to their intentions;
    • unduly delaying or hindering a voter from attempting to vote or voting; or
    • knowingly printing or distributing a ballot contrary to law.
  • Ohio Rev. Code § 3599.27: Prohibits the following as felonies:
    • possessing a county-owned or -leased voting machine or its parts or keys without authorization;
    • tampering or attempting to tamper with, defacing, impairing the use of, destroying, or otherwise injuring a voting machine;
    • possessing marking devices, automatic tabulating equipment, or their parts or accessories without authorization; or
    • tampering or attempting to tamper with, defacing, impairing the use of, destroying, changing, or otherwise injuring marking devices, automatic tabulating equipment, or their parts or accessories.
  • Ohio Rev. Code § 3599.29: Prohibits knowingly possessing a falsely made, altered, forged, or counterfeit registration card, form, or list, pollbook, tally sheet, or list of election returns with intent to hinder, defeat, or prevent a fair expression of the voters’ will, and makes such conduct a felony.
  • Ohio Rev. Code § 3599.32: Prohibits an official charged with a duty under the election law for which no other penalty is provided from knowingly disobeying that law, and makes such conduct a misdemeanor.
  • Ohio Rev. Code § 3599.33: Prohibits the following as felonies during the period in which ballots may be used in a recount or election contest:
    • willfully and fraudulently marking or altering a ballot;
    • entering the name of an ineligible, nonvoting, or fictitious person in a registration form or list, pollbook, tally sheet, election return, or other covered election record;
    • wrongfully changing, altering, erasing, or tampering with a name, word, or figure in such election records; or
    • falsifying, marking, or writing on such records with intent to defeat, hinder, or prevent a fair expression of the voters’ will.
  • Ohio Rev. Code § 3599.34: Prohibits the following as felonies during the period in which ballots may be used in a recount or election contest:
    • unlawfully destroying or attempting to destroy voted ballots;
    • permitting voted ballots, ballot boxes, or pollbooks to be destroyed; or
    • destroying, falsifying, marking, or adding a name to a ballot that has been voted.
  • Ohio Rev. Code § 3599.38: Prohibits as misdemeanors election officials, observers, deputy sheriffs, special deputy sheriffs, and police officers, while performing duties related to the casting of votes, from:
    • wearing any badge, sign, insignia, or other item indicating a preference for a candidate or ballot question; or
    • influencing or attempting to influence a voter to cast a ballot for or against a candidate or issue.
  • Ohio Rev. Code § 3599.43: Prohibits an unauthorized person from sending or transmitting a written or oral communication that purports to be from a county elections board, or that reasonably appears and is intended to appear to be from such a board, and makes such conduct a misdemeanor.
  • Ohio Rev. Code § 2903.11: Prohibits knowingly causing or attempting to cause physical harm to another person with a firearm, and makes such conduct a felony.
  • Ohio Rev. Code § 2921.03: Prohibits knowingly using force, an unlawful threat of harm to a person or property, or a materially false or fraudulent writing used maliciously, in bad faith, or wantonly or recklessly, to attempt to influence, intimidate, or hinder a public servant or party official, or an attorney or witness involved in a civil action or proceeding, in the discharge of their duties, and makes such conduct a felony.
  • Ohio Rev. Code § 2921.31: Prohibits a person, absent a legal right or authority to do so, from intentionally acting to prevent, obstruct, or delay a public official in performing an authorized act in a manner that hampers or impedes the official’s lawful duties, and makes such conduct a misdemeanor or, if the violation creates a risk of physical harm, a felony.
  • Ohio Rev. Code § 2923.12: Prohibits knowingly carrying a concealed firearm and generally makes such conduct a misdemeanor, or a felony if the offender previously has been convicted of violating this section or any violent offense, or if the firearm is loaded or ammunition for it is readily accessible.
  • Ohio Rev. Code § 2923.122: Prohibits knowingly conveying or attempting to convey a firearm into, or knowingly possessing a firearm in, a school safety zone, and makes such conduct a felony.
  • Ohio Rev. Code § 2923.126: Prohibits carrying a concealed handgun on premises owned or leased by a public or private college, university, or other institution of higher education or in certain state or local government buildings.

Police presence at the polls

  • Ohio Rev. Code § 3501.30: Requires police officers and election officials to enforce restrictions on unauthorized loitering and congregating within the area marked by small U.S. flags around a polling place and expressly permits police officers within that area.
  • Ohio Rev. Code § 3501.33: Authorizes precinct election officials — in carrying out their duties to “enforce peace and good order” during voting; keep voter access to the polling place open and unobstructed; prevent “improper practices tending to obstruct, intimidate, or interfere with voting;” protect observers; and prevent riots, violence, tumult, or disorder — to call on the sheriff, police, or other “peace officers” for assistance and order the arrest of persons violating the election law, provided that an arrest may not prevent a person entitled to vote from doing so.
  • Ohio Rev. Code § 3501.34: Requires the following:
    • municipal police authorities and county sheriffs, at the request of a county elections board or the secretary of state, to detail police forces to polling places as necessary, to assign at least one police officer to each precinct when requested, and to maintain a special force on Election Days for emergencies and polling place assignments; and
    • assigned officers to have access to polling places and to promptly arrest persons found to be violating Ohio election law.
  • Ohio Rev. Code § 3599.31: Prohibits law enforcement officers from failing to promptly obey and aid in enforcing the lawful orders of a voting location manager directed against persons unlawfully congregating or loitering within 100 feet of a polling place, hindering or delaying voters entering or leaving a polling place, soliciting or attempting to influence voters within 100 feet of a polling place, or interfering with the casting or counting of ballots, and makes such conduct a misdemeanor.

Election Material Maintenance, Access, and Retention

Various Ohio laws and regulations, including Ohio Rev. Code §§ 149.351, 3505.31, and 3506.18, along with Ohio Admin. Code rr. 111:3–4–01 and 111:3–4–03, require election officials to keep and preserve election records for certain durations. The Ohio secretary of state maintains a schedule to assist county elections boards in maintaining and disposing of records in compliance with legal requirements. The table below lists key records retention requirements.

Election Observers

  • Ohio Rev. Code § 3505.21: Prohibits the following:
    • candidates, uniformed peace officers, state highway patrol troopers, or fire department members, uniformed armed services or organized militia members, other persons wearing uniforms, or persons carrying firearms or other deadly weapons from serving as observers;
    • a political party or group of five or more candidates from appointing more than one observer at a precinct or the county elections board during ballot casting or ballot counting, although a separate observer may be appointed for each phase;
    • a candidate from being represented by more than one observer at any one precinct or at the county elections board;
    • after the polls close and until tabulation, certification, and signing of final returns are completed, any person from entering the polling place or any room in which a county elections board is counting ballots other than:
      • a precinct election official;
      • an observer;
      • a police officer;
      • a person detailed to a precinct at the county elections board’s request;
      • the secretary of state or the secretary’s legal representative;
    • more than six observers appointed by committees supporting or opposing ballot measures from serving in any one precinct;
    • a person from serving as an observer unless the county elections board has first been notified of their name, address, and location of service;
    • observers from receiving compensation from a county, municipal corporation, or township; or
    • observers from delaying persons offering to vote or disclosing or communicating how any voter voted.
  • Ohio Rev. Code § 3509.06: Prohibits observers from witnessing the examination or opening of absentee ballot identification envelopes or the processing or counting of absentee ballots in a manner that would permit them to learn the identities or addresses of voters with confidential voter registration records.
  • Ohio Election Official Manual: Prohibits the following:
    • non-recount observers and non-congressional observers from handling election materials; interfering with, intimidating, harassing, or attempting to influence voters or election officials; campaigning or blocking access to a polling place; enforcing laws or advocating for voters; carrying weapons; violating ballot secrecy or voter privacy, including disclosing how a voter voted; or using electronic or recording devices in a manner that disrupts the election, intimidates voters, or compromises ballot secrecy or voter privacy; or
    • congressional election observers from handling ballots or election equipment; advocating for a position or candidate; reducing ballot secrecy or voter privacy; interfering with voters casting ballots; interfering with election administrators’ duties; or otherwise disrupting election administration.

Emergency Powers

  • Ohio Rev. Code § 161.09: Requires the governor, when “the public interest requires,” to postpone a state or local election for up to six months in the event of “an emergency resulting from enemy attack.”
  • Ohio Rev. Code § 3501.053: Authorizes the secretary of state to issue temporary directives without the public notice and comment required for permanent directives during the period beginning 90 days before an election and ending 40 days after the election.
  • Ohio Rev. Code § 3501.18: Authorizes a county elections board, in an emergency, to provide more than one polling place in a precinct and to change the number or location of polling places during the 25 days immediately preceding a primary or general election.
  • Ohio Rev. Code § 3511.15: Authorizes the governor, directly or by delegation to the secretary of state, to prescribe by emergency order or rule any special procedure or requirement necessary to facilitate absentee voting by affected uniformed services and overseas voters when an emergency or other exigency makes substantial compliance with federal military and overseas voting law impossible or impracticable.
  • Ohio Rev. Code § 3701.13: Authorizes the Ohio Department of Health to issue special or standing orders or rules to prevent the spread of contagious or infectious diseases.

Paramilitary Activity and Civil Disorder

  • Ohio Const. art. I, § 4: “[T]he military shall be in strict subordination to the civil power.”
  • Ohio Rev. Code § 2921.51: Prohibits the following:
    • impersonating a peace officer, private police officer, federal law enforcement officer, or investigator with Ohio’s criminal identification and investigation bureau, and makes such conduct a misdemeanor;
    • arresting, detaining, or searching a person, or searching a person’s property, while impersonating such an officer or investigator, and makes such conduct a misdemeanor;
    • impersonating such an officer or investigator or an officer, agent, or employee of the state in order to commit or facilitate an offense, and makes such conduct a misdemeanor, or a felony if the purpose is to commit or facilitate a felony; or
    • committing a felony while impersonating such an officer, investigator, agent, or employee, and makes such conduct a felony.
  • Ohio Rev. Code § 2917.01: Prohibits knowingly urging or inciting another person to commit an offense of violence when such conduct creates a clear and present danger that an offense of violence will be committed, or when it proximately results in the commission of an offense of violence, and makes such conduct a misdemeanor if the offense of violence urged or incited is a misdemeanor, or a felony if that offense is a felony.
  • Ohio Rev. Code § 2917.02: Prohibits the following as felonies:
    • participating with four or more other persons in disorderly conduct in order to commit or facilitate the commission of a felony;
    • participating with four or more other persons in disorderly conduct in order to commit or facilitate the commission of an offense of violence; or
    • participating with four or more other persons in disorderly conduct while knowing that a participant possesses or controls, uses, or intends to use a deadly weapon or dangerous ordnance.
  • Ohio Rev. Code § 2917.03: Prohibits the following as misdemeanors:
    • participating with four or more other persons in disorderly conduct in order to commit or facilitate a misdemeanor other than disorderly conduct, intimidate a public official or employee into taking or refraining from official action, or hinder, impede, or obstruct a government function; or
    • participating with four or more other persons in order to commit an act with unlawful force or violence, even if the act would otherwise be lawful.
  • Ohio Rev. Code § 2917.04: Prohibits as a misdemeanor knowingly failing to obey an order by a law enforcement officer or other public official to disperse when five or more persons are participating in disorderly conduct, and the presence of other persons in the vicinity creates a likelihood of physical harm to persons or property or serious public inconvenience, annoyance, or alarm.
  • Ohio Rev. Code § 3761.12: Prohibits uniting with two or more other persons to commit a misdemeanor while wearing white caps, masks, or another disguise.

Other Relevant Laws and Regulations

  • Ohio Rev. Code § 3501.90: Authorizes a voter who experiences “harassment in violation of the election law” to bring a civil action for declaratory, injunctive, or other equitable relief, with such harassment defined to include obstruction of access to a polling place; improper practices tending to obstruct, intimidate, or interfere with voting; violence against observers; disorder at an election; prohibited loitering or campaigning near a polling place; hindering or delaying voters entering or leaving; improper distribution or display of ballots or tickets; solicitation or attempts to influence voters; and unauthorized entry into a polling place.

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 Ohio

The governor of Ohio serves as the chief executive officer of the state (seeOhio Const. art. III, § 5). The governor represents Ohio and oversees the operation of the state government. Governor Mike DeWine first took office in January 2019 and was reelected to a second four-year term in 2022, making him ineligible to seek a third consecutive term in 2026 (see Ohio Const. art. III, § 2).

In the event of “an emergency resulting from enemy attack,” the governor shall, when the public interest requires, postpone state and local elections for up to six months (Ohio Rev. Code § 161.09). Separately, the Ohio Department of Health has broad authority to “make special or standing orders or rules for preventing the spread of contagious or infectious diseases” (Ohio Rev. Code § 3701.13(C)). In March 2020, during the COVID-19 pandemic, the director of the Department of Health invoked this authority on the eve of the scheduled primary election to order all polling locations closed, preventing in-person voting from proceeding as scheduled.

The governor also serves as commander in chief of “the military and naval forces of the state” (Ohio Const. art. III, § 10). Ohio’s military is divided into an “organized” and “unorganized” militia. The organized militia consists of the Ohio National Guard, including the Ohio Army National Guard and the Ohio Air National Guard; the Ohio Naval Militia and the Ohio Military Reserve, which together constitute the state defense forces; and the Ohio Cyber Reserve (Ohio Rev. Code § 5923.01(A)–(C)). The unorganized militia consists of Ohio citizens who are older than 17 and not more than 67 years old, are not members of the organized militia, and are not otherwise exempt from service (Ohio Rev. Code § 5923.01(D)).

State law authorizes the governor to call forth the organized militia to aid civil authorities in executing state law, suppressing insurrection, repelling invasion, responding to a disaster, or promoting the health, safety, and welfare of Ohio citizens (Ohio Const. art. IX, § 4; Ohio Rev. Code § 5923.21(A)). Separately, the governor may order the Ohio Cyber Reserve to state active duty to protect state, county, and local government entities and critical infrastructure, including election systems, or, upon request, to protect a business or citizen (Ohio Rev. Code § 5922.08).

Ohio Secretary of State

The secretary of state is Ohio’s chief election official (Ohio Rev. Code § 3501.04) and is one of the constitutional officers comprising the state’s executive department (Ohio Const. art. III, § 1). Secretary of State Frank LaRose first took office in January 2019 and was reelected to a second four-year term in 2022, making him ineligible to seek a third consecutive term in 2026 (see Ohio Const. art. III, § 2).

The secretary of state establishes and maintains the statewide voter registration database, prescribes voter registration forms and programs, and adopts rules governing the removal of ineligible voters from the database (Ohio Rev. Code § 3501.05(F), (Q)–(R), (W); Ohio Rev. Code § 3503.15). The secretary also prescribes ballot forms and other election materials, prepares ballot titles for proposed state laws and constitutional amendments, certifies to county boards the candidates for state office and state referendum questions and issues that are to appear on the ballot, gives final approval to ballot language for local questions and issues, and determines and certifies the sufficiency of state initiative and referendum petitions (Ohio Rev. Code § 3501.05(G)–(K)). The secretary further establishes a training program for members and employees of county elections boards (Ohio Rev. Code § 3501.27(D)).

Additionally, the secretary appoints all members of county elections boards, prepares rules and instructions for election administration, may require reports from the boards, and must compel election officers to comply with state election laws (Ohio Rev. Code § 3501.05(A), (C), (L)–(M)). If a board cannot resolve a tie vote or disagreement, the matter must be submitted to the secretary of state, whose decision is final (Ohio Rev. Code § 3501.11(X)).

The secretary of state may place a county board under official oversight when a “significant condition” exists, including a violation or inadequate administration of federal or state law or of a policy, procedure, or instruction issued by the secretary concerning election administration (Ohio Rev. Code § 3501.05(DD); Ohio Admin. Code r. 111:3–2–01(A)–(B)). Such oversight may include regular on-site supervision of the board’s day-to-day activities or, if the board lacks sufficient members or employees to administer elections, the appointment of designees to ensure continued operation until the board can operate independently (Ohio Admin. Code r. 111:3–2–04).

The secretary of state may also summarily remove or suspend any board member, director, deputy director, or other board employee for “neglect of duty, malfeasance, misfeasance, nonfeasance,” willful violation of the election laws, or “any other good and sufficient cause” (Ohio Rev. Code § 3501.16). When a vacancy occurs on a county board, the county executive committee of the political party entitled to the appointment generally has 15 days to recommend a replacement, whom the secretary must appoint unless the secretary has reason to believe the person would not be a competent board member (Ohio Rev. Code § 3501.07).

Separately, through the election integrity unit, the secretary of state’s office investigates the administration of election laws, fraud, and irregularities in elections and reports election law violations to the attorney general or prosecuting attorney, or both (Ohio Rev. Code § 3501.05(N)(1)). The secretary also receives and processes complaints concerning alleged violations within the jurisdiction of the Ohio Election Integrity Commission (Ohio Rev. Code § 3501.05(N)(2)). In carrying out the duties of chief election officer, the secretary of state may administer oaths, issue subpoenas, summon witnesses, compel the production of records and other evidence, and fix the time and place for hearings concerning the administration and enforcement of election laws (Ohio Rev. Code § 3501.05).

The secretary of state may also issue directives and advisories to county boards concerning the proper methods of conducting elections (Ohio Rev. Code §§ 3501.05(B), 3501.053). Permanent directives are subject to public notice and comment and may not be issued during the period beginning 90 days before an election and ending 40 days afterward, while temporary directives may be issued only during that period and are not subject to public review and comment (Ohio Rev. Code § 3501.053(A)(1)–(2)). The secretary of state’s office publishes current and archived directives on the its website.

Moreover, Ohio law requires the secretary of state to adopt administrative rules concerning removal of ineligible voters from the statewide voter registration database and related records, implementation of voter registration programs, administration and maintenance of the statewide voter registration database, and official oversight of county elections boards, among other areas (Ohio Rev. Code § 3501.05(Q), (U), (DD); Ohio Rev. Code § 3503.15(E)). Select examples include:

  • Ohio Admin. Code ch. 111:3–4: Establishes procedures for maintaining Ohio’s statewide voter registration database, including processing and transmitting voter registration records, canceling and retaining records, controlling access to voter registration systems, auditing the statewide database, and sharing voter registration data.
  • Ohio Admin. Code ch. 111:3–7: Establishes requirements governing compensation for precinct election officials and changes to polling place locations, including requiring county boards to notify the secretary of state of polling location changes within one business day when made during the 30 days preceding a primary or general election.
  • Ohio Admin. Code ch. 111:3–9: Establishes procedures and standards for the examination, testing, certification, and reexamination of voting systems and other election equipment, including requirements concerning equipment security, reliability, source-code escrow, and vendor demonstrations.

Ohio National Guard

Major General Matthew S. Woodruff serves as the adjutant general of Ohio. The adjutant general is appointed by the governor and serves at “the governor’s pleasure” (Ohio Const. art. IX, § 3; Ohio Rev. Code § 5913.02). The adjutant general commands all forces within the “organized militia,” which consists of the Ohio National Guard, including the Ohio Army National Guard and the Ohio Air National Guard; the Ohio Naval Militia and the Ohio Military Reserve, which together constitute the state defense forces; and the Ohio Cyber Reserve (Ohio Rev. Code §§ 5913.01(A), 5923.01(A)–(C)). Governor DeWine appointed Major General Woodruff to the position of adjutant general on May 30, 2025.

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, “[a]t this preliminary stage, the government has failed to identify a source of authority that would allow the military to execute the laws in Illinois,” given that President Trump had not invoked the Insurrection Act and the government did not cite an applicable constitutional authority. Shortly after this ruling, President Trump announced that he would end efforts to deploy the National Guard in Chicago, as well as in Los Angeles and Portland, Oregon.

As for the Ohio National Guard’s involvement in elections, in 2016, its cyber unit assisted with election security efforts by conducting simulated cyberattacks and searching state election systems for malicious activity. In 2020, Governor DeWine stated that the Guard would be available at local officials’ request to provide backup support to law enforcement in maintaining public order on Election Day, while noting that federal law limits Guard activity in connection with elections.

Questions and Scenarios to Consider

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

Federal Presence

Federal officials — including armed, uniformed federal law enforcement officers or military personnel — could appear at in-person voting locations under various circumstances. Regardless of the reason, their appearance may cause concern or confusion. 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 may 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.

Ohio law generally permits an adult to carry a firearm, whether openly or concealed, without a license so long as that person is eligible to possess a firearm under state or federal law (Ohio Rev. Code § 2923.111(A)–(B); see also Ohio Const. art. I, § 4; Ohio Rev. Code § 2923.211(A)–(B)). Although Ohio law otherwise prohibits carrying a concealed firearm (Ohio Rev. Code § 2923.12(A)), that prohibition does not apply to an “officer, agent, or employee” of Ohio, another state, or the United States who is authorized to carry a concealed weapon or handgun and is acting within the scope of their duties (Ohio Rev. Code §§ 2923.12(C)(1)(a)). It also exempts active-duty members of the U.S. armed forces carrying valid military ID and documentation of qualifying firearms training (Ohio Rev. Code § 2923.12(C)(2)). The exemption does not apply, however, if the service member is knowingly in a school safety zone, except in certain circumstances in which they remain outside school buildings, premises, and activities or leave the handgun in a locked motor vehicle (Ohio Rev. Code §§ 2923.122(D)(3)–(4), 2923.126(B)(2)). The exemption also does not apply on premises owned or leased by a public or private college, university, or other institution of higher education unless the handgun is kept in a locked vehicle, the service member is in the process of placing it in a locked vehicle, or the institution has adopted a written policy, rule, or other authorization allowing them to carry concealed handguns on the premises (Ohio Rev. Code § 2923.126(B)(5)). Nor does it apply in a state or local government building unless the building is used primarily as a shelter, restroom, parking facility, or rest facility, or the governing body has authorized concealed carry there (Ohio Rev. Code § 2923.126(B)(7)).

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.
  • Confirm weapons signage required by Ohio Rev. Code § 2923.1212 is posted at in-person voting locations that are places identified in Ohio Rev. Code § 2923.126(B), and consider additional signage at other voting locations where appropriate. 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, including Ohio, where monitors were sent to Cuyahoga County. In November 2024, the DOJ deployed monitors to voting locations in 27 states, including Ohio, where monitors were sent to Cuyahoga and Portage counties. 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, the Department announced that it would send 1,000 monitors to “select locations around the country to observe the general election in November.”

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

In the absence of a federal statute clearly providing DOJ staff monitors access to polling locations, these monitors are generally subject to state laws governing access to the polls, which may include rules on credentialing, conduct, and where observers may be stationed. According to a 2018 report by the U.S. Commission on Civil Rights, the DOJ can “send its own staff to monitor elections, but they can only enter the polls if they have permission from the local jurisdiction.” Ohio law limits entry into a polling place during an election to voters and persons assisting voters, election officials and employees, observers, police officers, persons entering to inspect posted voter registration lists, and journalists exercising reasonable access (Ohio Rev. Code §§ 3501.35(B), 3503.23(C)). After the polls close and until ballot counting and certification are complete, access is further limited to precinct election officials, observers, police officers, persons detailed to the precinct at the county elections board’s request, and the secretary of state or their legal representative (Ohio Rev. Code § 3505.21). The secretary of state’s Ohio Election Official Manual further states that Ohio law only recognizes “official observers,” and that individuals designated as “monitors” by outside organizations cannot observe elections. State law does not authorize local election officials to waive statutory polling location access restrictions. When access to polling sites has not been granted or is in question, some state and local officials have pushed back. In 2024, Missouri’s secretary of state and Texas’s attorney general requested court orders 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. In 2026, the county attorney in Hennepin County, Minnesota, denied the DOJ’s request to send monitors. In response, the DOJ observers agreed to “remain outside a 100-foot boundary from the polling locations, in compliance with Minnesota law.” After DOJ monitors attempted to access polling locations and voting equipment during the 2026 primary in Laramie County, Wyoming, Governor Mark Gordon requested an investigation into their conduct.

Congressional observers. For “decades,” Congress has deployed election observers “to watch the administration of congressional elections in the states.” In 2024, Congress codified this practice by enacting the Confirmation of Congressional Observers Act (COCOA), 52 U.S.C. § 21083a, and published guidance on the congressional Election Observer Program. COCOA expressly authorizes Congress to send observers to “polling locations, any location where processing, scanning, tabulating, canvassing, recounting, auditing, or certifying voting results is occurring, or any other part of the process associated with elections for Federal office” (52 U.S.C. § 21083a(a)). The Ohio Election Official Manual likewise recognizes that congressional election observers must have “full access” to observe federal election administration procedures, including areas where ballots are cast, processed, counted, or certified. COCOA establishes that 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, Ohio Rev. Code § 3599.24(A)(3) prohibits attempting to intimidate an election officer or prevent an election official from performing their duties. More generally, Ohio Rev. Code § 2921.03(A) prohibits knowingly using force, an unlawful threat of harm to a person or property, or a materially false or fraudulent writing used maliciously, in bad faith, or wantonly or recklessly, to influence, intimidate, or hinder a public servant in the discharge of their duties, while Ohio Rev. Code § 2921.31(B) prohibits a person, absent a legal right or authority to do so, from intentionally acting to prevent, obstruct, or delay a public official in performing an authorized act in a manner that hampers or impedes the official’s lawful duties. Ohio law also prohibits precinct election officials from knowingly admitting unauthorized persons to, or refusing lawful access to, polling rooms (Ohio Rev. Code § 3599.19(A)(13)–(14)). State law further prohibits loitering in or about a polling place during the casting or counting of ballots so as to hinder, delay, or interfere with the election, as well as obtaining or attempting to obtain ballots, ballot boxes, or pollbooks by force, fraud, or other improper means and recklessly destroying property used in conducting elections (Ohio Rev. Code § 3599.24(A)(1)–(2), (5)). Additional provisions prohibit hindering or delaying voters in reaching or leaving a polling place (Ohio Rev. Code § 3501.35(A)(2)); tampering with, defacing, impairing, destroying, or otherwise injuring voting machines, marking devices, or automatic tabulating equipment (Ohio Rev. Code § 3599.27); and destroying, mutilating, removing, delaying, or otherwise interfering with lawful ballots, including absent voter ballots (Ohio Rev. Code §§ 3599.20, 3599.21(A)(3)–(6)).

Moreover, Ohio law protects voters against interference or intimidation. Ohio Rev. Code § 3599.01(A)(2) prohibits attempting through intimidation, coercion, or other unlawful means to induce a voter to vote or refrain from voting for a particular candidate, question, or issue. Other provisions prohibit attempting to interfere with a voter while they are marking a ballot or knowingly hindering or delaying delivery of a lawful ballot to a person entitled to receive it (Ohio Rev. Code § 3599.20), as well as unduly delaying or hindering a voter from attempting to vote or voting (Ohio Rev. Code § 3599.26).

On top of these prohibitions, Ohio law imposes certain restrictions on election observers subject to state law. Ohio Rev. Code § 3505.21(F) prohibits observers from delaying persons offering to vote or disclosing or communicating how any voter voted. The Ohio Election Official Manual further provides that non-recount and non-congressional observers may not handle election materials; interfere with, intimidate, harass, or attempt to influence voters or election officials; campaign or block access to a polling place; enforce laws or advocate for voters; carry weapons; violate ballot secrecy or voter privacy; or use electronic or recording devices in a manner that disrupts the election, intimidates voters, or compromises ballot secrecy or voter privacy. The manual separately provides that congressional observers may not handle ballots or election equipment; advocate for a position or candidate; reduce ballot secrecy or voter privacy; interfere with voters casting ballots or with election administrators’ duties; or otherwise disrupt election administration. It further explains that state or local election officials may remove a congressional observer if they believe the observer has or will engage in intimidation or deceptive practices prohibited by federal law or disruption of voting, processing, counting, or certification, and that an election official who removes an observer must provide written notice explaining the removal to the relevant congressional committee chairs and ranking members within 24 hours.

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 Ohio, county elections board directors are the custodians of election records (Ohio Rev. Code § 3501.13(A)).

Federal and state laws may limit the information that local Ohio 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 generally makes voter registration forms and the statewide voter registration database public records subject to disclosure, it exempts from disclosure a voter’s full or partial Social Security number, driver’s license or state ID number, phone number, and email address, as well as confidential voter registration records maintained for participants in Ohio’s address confidentiality program (Ohio Rev. Code § 3503.13(A)(1)–(2)(a)–(b)). For eligible participants who elect confidential voter registration, the official registration list omits the participant’s residence address and precinct and instead include a program participant ID number (Ohio Rev. Code § 111.44(D)(1)(a)). Publicly available versions of those records may not contain any information about the participant, including their name (Ohio Rev. Code § 111.44(D)(1)(c)). Their confidential identifying information is also excluded from the definition of “public record” under Ohio’s Public Records Act (Ohio Rev. Code § 149.43(A)(1)(ee)).

After receiving multiple requests from the DOJ for full access to Ohio’s complete statewide voter registration list, including sensitive personal information, Ohio’s secretary of state authorized the secure transfer of the requested data in February 2026, following consultation with the state attorney general’s office and with the understanding that the DOJ would use the records only for legitimate governmental purposes and comply with applicable federal privacy protections.

Ohio has also received requests for voter data at the local level. Between January and March 2026, the Department of Homeland Security (DHS) reportedly sought and obtained voter records from at least six Ohio counties; in Franklin County, DHS confirmed that it was investigating possible voter fraud and requested records of dozens of voters.

In several other states, federal officials have also sought access to election-related materials. 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. And the FBI has seized materials related to the 2020 federal election from Fulton County, Georgia.

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, Ohio Rev. Code § 3599.24(A)(3) prohibits attempting to intimidate an election officer or prevent an election official from performing their duties. More generally, Ohio Rev. Code § 2921.03(A) prohibits knowingly using force, an unlawful threat of harm to a person or property, or a materially false or fraudulent writing used maliciously, in bad faith, or wantonly or recklessly, to influence, intimidate, or hinder a public servant in the discharge of their duties, while Ohio Rev. Code § 2921.31(B) prohibits a person, absent a legal right or authority to do so, from intentionally acting to prevent, obstruct, or delay a public official in performing an authorized act in a manner that hampers or impedes the official’s lawful duties. Ohio law also prohibits precinct election officials from knowingly admitting unauthorized persons to, or refusing lawful access to, polling rooms (Ohio Rev. Code § 3599.19(A)(13)–(14)). Ohio law further prohibits loitering in or about a polling place during the casting or counting of ballots so as to hinder, delay, or interfere with the election, as well as obtaining or attempting to obtain ballots, ballot boxes, or pollbooks by force, fraud, or other improper means and recklessly destroying property used in conducting elections (Ohio Rev. Code § 3599.24(A)(1)–(2), (5)). Additional provisions prohibit hindering or delaying voters in reaching or leaving a polling place (Ohio Rev. Code § 3501.35(A)(2)); tampering with, defacing, impairing, destroying, or otherwise injuring voting machines, marking devices, or automatic tabulating equipment (Ohio Rev. Code § 3599.27); and destroying, mutilating, removing, delaying, or otherwise interfering with lawful ballots, including absent voter ballots (Ohio Rev. Code §§ 3599.20, 3599.21(A)(3)–(6)

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 with the Ohio Association of Election Officials, the Ohio secretary of state’s office, and other experienced election administrators to coordinate responses and share best practices.

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

Summary

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

Discussion

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

Ohio law generally permits an adult to carry a firearm, whether openly or concealed, without a license so long as that person is eligible to possess a firearm under state or federal law (Ohio Rev. Code § 2923.111(A)–(B); see also Ohio Const. art. I, § 4; Ohio Rev. Code § 2923.211(A)–(B)). Although Ohio law otherwise prohibits carrying a concealed firearm (Ohio Rev. Code § 2923.12(A)), that prohibition does not apply to an “officer, agent, or employee” of Ohio, another state, or the United States who is authorized to carry a concealed weapon or handgun and is acting within the scope of their duties (Ohio Rev. Code §§ 2923.12(C)(1)(a)). It also exempts active-duty members of the U.S. armed forces carrying valid military ID and documentation of qualifying firearms training (Ohio Rev. Code § 2923.12(C)(2)). The exemption does not apply, however, if the service member is knowingly in a school safety zone, except in certain circumstances in which they remain outside school buildings, premises, and activities or leave the handgun in a locked motor vehicle (Ohio Rev. Code §§ 2923.122(D)(3)–(4), 2923.126(B)(2)). The exemption also does not apply on premises owned or leased by a public or private college, university, or other institution of higher education unless the handgun is kept in a locked vehicle, the service member is in the process of placing it in a locked vehicle, or the institution has adopted a written policy, rule, or other authorization allowing them to carry concealed handguns on the premises (Ohio Rev. Code § 2923.126(B)(5)). Nor does it apply in a state or local government building unless the building is used primarily as a shelter, restroom, parking facility, or rest facility, or the governing body has authorized concealed carry there (Ohio Rev. Code § 2923.126(B)(7)).

Furthermore, Ohio Rev. Code § 2903.11(A)(2) prohibits knowingly causing or attempting to cause physical harm to another person with a firearm. The provision does not contain any exemptions. Consequently, this provision might apply to conduct by armed federal personnel that exceeds lawful authority.

Separately, Section 11(b) of the Voting Rights Act of 1965 (52 U.S.C. § 10307(b)) prohibits 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. Similarly, Ohio law authorizes a voter who experiences “harassment in violation of the election law” to bring a civil action for declaratory, injunctive, or other equitable relief, with such harassment defined to include obstruction of access to a polling place; improper practices tending to obstruct, intimidate, or interfere with voting; violence against observers; disorder at an election; prohibited loitering or campaigning near a polling place; hindering or delaying voters entering or leaving; improper distribution or display of ballots or tickets; solicitation or attempts to influence voters; and unauthorized entry into a polling place (Ohio Rev. Code § 3501.90(A)(1)(a)–(b), (B)).

Ohio law also prohibits conduct that interferes with or intimidates voters. Ohio Rev. Code § 3599.01(A)(2) prohibits attempting through intimidation, coercion, or other unlawful means to induce a voter to vote or refrain from voting for a particular candidate, question, or issue. Other provisions prohibit attempting to interfere with a voter while they are marking a ballot or knowingly hindering or delaying delivery of a lawful ballot to a person entitled to receive it (Ohio Rev. Code § 3599.20), as well as unduly delaying or hindering a voter from attempting to vote or voting (Ohio Rev. Code § 3599.26).

Additionally, state law targets those who would interfere with election administration, including by intimidating election officials. Ohio Rev. Code § 3599.24(A)(3) prohibits attempting to intimidate an election officer or prevent an election official from performing their duties. More generally, Ohio Rev. Code § 2921.03(A) prohibits knowingly using force, an unlawful threat of harm to a person or property, or a materially false or fraudulent writing used maliciously, in bad faith, or wantonly or recklessly, to influence, intimidate, or hinder a public servant in the discharge of their duties, while Ohio Rev. Code § 2921.31(B) prohibits a person, absent a legal right or authority to do so, from intentionally acting to prevent, obstruct, or delay a public official in performing an authorized act in a manner that hampers or impedes the official’s lawful duties. Ohio law also prohibits precinct election officials from knowingly admitting unauthorized persons to, or refusing lawful access to, polling rooms (Ohio Rev. Code § 3599.19(A)(13)–(14)). State law further prohibits loitering in or about a polling place during the casting or counting of ballots so as to hinder, delay, or interfere with the election, as well as obtaining or attempting to obtain ballots, ballot boxes, or pollbooks by force, fraud, or other improper means and recklessly destroying property used in conducting elections (Ohio Rev. Code § 3599.24(A)(1)–(2), (5)). Additional provisions prohibit hindering or delaying voters in reaching or leaving a polling place (Ohio Rev. Code § 3501.35(A)(2)); tampering with, defacing, impairing, destroying, or otherwise injuring voting machines, marking devices, or automatic tabulating equipment (Ohio Rev. Code § 3599.27); and destroying, mutilating, removing, delaying, or otherwise interfering with lawful ballots, including absent voter ballots (Ohio Rev. Code §§ 3599.20, 3599.21(A)(3)–(6)).

Finally, Ohio law assigns election officials and law enforcement officers specific responsibilities for maintaining order at polling places and enforcing election laws. Precinct election officials must “enforce peace and good order” during voting, may call on the sheriff, police, or other peace officers for assistance, and may order arrests for election law violations (Ohio Rev. Code § 3501.33). Law enforcement officers must promptly obey and aid in enforcing lawful orders of precinct election officials and voting location managers, and precinct election officials and police officers must strictly enforce restrictions on loitering or congregating, campaigning or solicitation, hindering or delaying voters, improper ballot or ticket conduct, unauthorized polling place entry, and interference with voter registration or the casting or counting of ballots (Ohio Rev. Code §§ 3501.33, 3501.35(A)–(B), (D), 3599.31). Election boards and the secretary of state may also request that municipal police authorities and county sheriffs detail police forces for service at polling places, and assigned officers must have access to polling places and promptly arrest persons found to be violating Ohio election law (Ohio Rev. Code § 3501.34). At the same time, police officers admitted to polling rooms may not possess, distribute, or give out ballots or tickets except in the proper discharge of an official duty involving the receipt, counting, or canvassing of votes, and officers performing duties related to the casting of votes may not display partisan preferences or influence voters (Ohio Rev. Code §§ 3599.07, 3599.38).

Planning and Preparation Steps for Consideration
  • Consult with your counsel about the possibility of armed federal officials or troops being deployed to voting locations.
  • Reach out to entities where voting locations are sited (e.g., schools, community centers, and nursing homes) to discuss their policies regarding access to those engaged in immigration enforcement on site and the applicability of those policies during the voting period.
  • Consider listing prohibitions on firearms, intimidation, deterrence, and obstruction on signage posted at voting locations. 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 voting locations.
  • Keep abreast of developments in cases involving deployment of federal troops and evaluate with your counsel to determine whether policy changes are warranted.
  • Contact your counsel 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

Ohio law generally permits an adult to carry a firearm, whether openly or concealed, without a license so long as that person is eligible to possess a firearm under state or federal law (Ohio Rev. Code § 2923.111(A)–(B); see also Ohio Const. art. I, § 4; Ohio Rev. Code § 2923.211(A)–(B)). Although Ohio law otherwise prohibits carrying a concealed firearm (Ohio Rev. Code § 2923.12(A)), that prohibition does not apply to an “officer, agent, or employee” of Ohio, another state, or the United States who is authorized to carry a concealed weapon or handgun and is acting within the scope of their duties (Ohio Rev. Code §§ 2923.12(C)(1)(a)). It also exempts active-duty members of the U.S. armed forces carrying valid military ID and documentation of qualifying firearms training (Ohio Rev. Code § 2923.12(C)(2)). The exemption does not apply, however, if the service member is knowingly in a school safety zone, except in certain circumstances in which they remain outside school buildings, premises, and activities or leave the handgun in a locked motor vehicle (Ohio Rev. Code §§ 2923.122(D)(3)–(4), 2923.126(B)(2)). The exemption also does not apply on premises owned or leased by a public or private college, university, or other institution of higher education unless the handgun is kept in a locked vehicle, the service member is in the process of placing it in a locked vehicle, or the institution has adopted a written policy, rule, or other authorization allowing them to carry concealed handguns on the premises (Ohio Rev. Code § 2923.126(B)(5)). Nor does it apply in a state or local government building unless the building is used primarily as a shelter, restroom, parking facility, or rest facility, or the governing body has authorized concealed carry there (Ohio Rev. Code § 2923.126(B)(7)).

Furthermore, Ohio Rev. Code § 2903.11(A)(2) prohibits knowingly causing or attempting to cause physical harm to another person with a firearm. The provision does not contain any exemptions. Consequently, this provision might apply to conduct by armed federal personnel that exceeds lawful authority.

Separately, Section 11(b) of the Voting Rights Act of 1965 (52 U.S.C. § 10307(b)) prohibits 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. Similarly, Ohio law authorizes a voter who experiences “harassment in violation of the election law” to bring a civil action for declaratory, injunctive, or other equitable relief, with such harassment defined to include obstruction of access to a polling place; improper practices tending to obstruct, intimidate, or interfere with voting; violence against observers; disorder at an election; prohibited loitering or campaigning near a polling place; hindering or delaying voters entering or leaving; improper distribution or display of ballots or tickets; solicitation or attempts to influence voters; and unauthorized entry into a polling place (Ohio Rev. Code § 3501.90(A)(1)(a)–(b), (B)).

Ohio law also prohibits conduct that interferes with or intimidates voters. Ohio Rev. Code § 3599.01(A)(2) prohibits attempting through intimidation, coercion, or other unlawful means to induce a voter to vote or refrain from voting for a particular candidate, question, or issue. Other provisions prohibit attempting to interfere with a voter while they are marking a ballot or knowingly hindering or delaying delivery of a lawful ballot to a person entitled to receive it (Ohio Rev. Code § 3599.20), as well as unduly delaying or hindering a voter from attempting to vote or voting (Ohio Rev. Code § 3599.26).

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.” Ongoing operational changes in how USPS handles election mail could affect delivery of mail ballots.

One such change is that USPS has consolidated processing into fewer regional facilities, which means that mail in many areas now travels farther to reach a regional processing center. Another change is that mail dropped off at post offices or collection boxes more than 50 miles from a regional hub now may not be collected until the next day. Because mail is postmarked when it reaches a processing facility — not when it is dropped off — these changes may delay postmarking and, in turn, ballot delivery. USPS itself has acknowledged that the gap between mailing and postmarking “has and will become more common” 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; informing voters that they may deliver absentee ballots to their county board of elections’ designated offices, either personally or through an authorized family member, or deposit them in a ballot drop box; 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 to use alternatives to the mail where available, such as ballot drop boxes.
  • If your office uses ballot-tracking services or tools, regularly monitor the data for service anomalies and trends, and communicate 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