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The Utah Election Interference Law Handbook 

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

October 16, 2026
October 16, 2026

Purpose and Scope

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

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

Federal Law: Summary of Key Provisions*

Election Interference

Election Interference Generally

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

Election Interference by Government Officials

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

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

Election Material Maintenance, Access, and Retention

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

Election Observers

Congressional Observers

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

DOJ “federal observers”

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

Paramilitary Activity and Civil Unrest

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

Threats and Voter Intimidation

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

U.S. Mail

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

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

** Only applicable to federal elections.

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

Department of Defense

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

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

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

 

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

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

Department of Homeland Security

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

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

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

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

 

Department of Justice

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

 

United States Postal Inspection Service

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

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

 

United States Postal Service

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

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

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

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

Congress

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

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

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

Utah State Law: Summary of Key Provisions*

Core Election Interference Provisions

  • Utah Const. art. I, § 17: “All elections shall be free, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.”
  • Utah Code Ann. § 20A-1–603: Prohibits the following:
    • willfully tampering with, detaining, mutilating, or destroying election returns, and makes such conduct a misdemeanor;
    • interfering with election officers conducting an election or canvass, or with voters lawfully exercising their voting rights, so as to prevent the election or canvass from being fairly held or lawfully conducted;
    • interfering in any manner with voters lawfully exercising their rights of voting at an election so as to prevent the election from being fairly held or lawfully conducted, and makes such conduct a misdemeanor;
    • engaging in riotous conduct at an election, or interfering in any manner with election officials in the discharge of their duties, and makes such conduct a misdemeanor;
    • inducing an election officer or other official responsible for determining, announcing, or certifying election results or issuing election-related documents to violate or refuse to perform their duties, and makes such conduct a misdemeanor;
    • taking, carrying away, concealing, removing, or destroying a ballot, pollbook, or other item from a polling place or the custody of a person legally authorized to possess it, and makes such conduct a misdemeanor;
    • taking, carrying away, concealing, removing, or destroying a ballot drop box or its contents, and makes such conduct a felony; or
    • aiding, counseling, providing, procuring, advising, or assisting any person to commit any of the above acts, and makes such conduct a misdemeanor unless the underlying offense involves taking, carrying away, concealing, removing, or destroying a ballot drop box or its contents, in which case it is a felony.
  • Utah Code Ann. § 20A-1–604: Prohibits the following as criminal offenses:
    • willfully and without lawful authority altering, defacing, destroying, tearing down, or removing candidate lists, voter instructions, sample ballots, or any supplies or conveniences furnished to enable voters to prepare their ballots; or
    • willfully hindering the voting of others.
  • Utah Code Ann. § 20A-1–605: Prohibits the following as misdemeanors:
    • falsely making the official endorsement on a ballot;
    • willfully destroying or defacing a ballot;
    • willfully delaying the delivery of a ballot;
    • examining a ballot cast at the polls or found in a ballot box or ballot drop box for any purpose other than to determine which candidate was elected; or
    • making or placing any mark or device on a ballot in order to determine the name of any person for whom the voter has voted.
  • Utah Code Ann. § 20A-2–603: Prohibits the following:
    • the lieutenant governor or county clerks from disclosing voter registration information beyond “standard voter data,” which includes voters’ names, addresses, age ranges, registration status, party affiliation, electoral districts, and voting history, or any voter registration information concerning at-risk voters, except as otherwise authorized by law;
    • recipients of voter registration information from using or sharing that information for unauthorized purposes or granting access to anyone other than authorized agents;
    • recipients from sharing voter registration information with anyone they believe will use or share it unlawfully or fail to comply with applicable security and use requirements; or
    • the lieutenant governor or county clerks from disclosing voter registration information when they have probable cause to believe that the requester has misrepresented their identity or authority or intends to use or share the information unlawfully.
  • Utah Code Ann. § 20A-3a-204: Prohibits the following:
    • more than one person from occupying a voting booth at a time, except where an individual is lawfully assisting a voter with a disability;
    • voters from remaining within the voting area for more than ten minutes;
    • voters from occupying a voting booth for more than five minutes if all booths are in use and other voters are waiting;
    • voters from reentering the voting area after having voted, unless serving as an election official or watcher; or
    • poll workers from allowing the number of voters in the voting area to exceed the number of voting booths by more than four, not including election officials, watchers, and individuals assisting voters with disabilities.
  • Utah Code Ann. § 20A-3a-208: Prohibits the following:
    • those assisting a voter with a disability from requesting, persuading, or otherwise inducing the voter to vote for or against a particular candidate or issue, or releasing any information regarding the voter’s selection; or
    • a voter’s employer, an agent of the employer, an officer or agent of the voter’s union, or a candidate from assisting a voter with a disability in casting a ballot.
  • Utah Code Ann. § 20A-3a-209: Prohibits the following:
    • poll workers from assisting a voter who requests help concerning the manner of voting unless two poll workers of different political parties provide the instructions;
    • poll workers from requesting, suggesting, or seeking to persuade or induce a voter to vote for or against a candidate, ticket, or ballot proposition when instructing the voter about the voting process; or
    • poll workers from remaining with a voter after providing instructions and before the voter has registered their vote.
  • Utah Code Ann. § 20A-3a-401.1: Prohibits the following:
    • a ballot from being separated from its batch during processing, except as necessary for the election process;
    • election officials from performing ballot processing functions without at least one other election official present;
    • anyone other than specified authorized individuals from accessing cameras, videos, or recordings used to monitor ballot processing;
    • individuals from viewing ballot-processing video recordings unless authorized to do so, and only to ensure compliance with video monitoring or retention requirements or to investigate concerns related to ballot processing; or
    • candidates, campaign representatives, political party chairs, and their designees from viewing ballot-processing video recordings after the deadline for contesting an election.
  • Utah Code Ann. § 20A-3a-403: Prohibits the following:
    • any person from willfully falsifying voter affidavits, and makes such conduct punishable as provided for perjury;
    • election officers from refusing or neglecting to perform any of their responsibilities regarding the disposition of ballots, and makes such conduct a misdemeanor; or
    • election officers from violating the provisions governing the custody and disposition of voted ballots, including those that are mailed, deposited in drop boxes, or cast at polling places, and makes such conduct a misdemeanor.
  • Utah Code Ann. § 20A-3a-501: Prohibits the following as misdemeanors:
    • electioneering, circulating cards or handbills, or soliciting petition signatures within a polling place, at a ballot drop box location, or in any public area within 150 feet of a building where a polling place is located;
    • interfering with voters’ freedom to vote or disrupting the administration of a polling place in those locations;
    • obstructing entrances to a building containing a polling place or preventing free access to or from any polling place, including ballot drop box locations;
    • soliciting voters to show their ballots; or
    • knowingly possessing or controlling another person’s voted manual (or paper) ballot, unless the person is an election official or postal worker acting in their official capacity, is lawfully handling an emergency or military-overseas ballot, is authorized to assist a voter who needs help delivering a ballot due to age, illness, or disability, or resides in the same household as the voter.
  • Utah Code Ann. § 20A-3a-502: Prohibits the following as misdemeanors:
    • inducing or compelling, whether directly or indirectly, an individual to vote or refrain from voting at an election, or to vote or refrain from voting for a particular individual or measure, through intimidation, force, violence, restraint or by inflicting or threatening injury, damage, harm, or loss;
    • impeding, preventing, or otherwise interfering with a voter’s exercise of the right to vote through abduction, force, or fraud;
    • enclosing in an employee’s salary or wage envelope political mottoes, devices, or arguments containing express or implied threats intended or calculated to influence the employee’s political opinions, views, or actions; or
    • an employer posting or exhibiting, within 90 days before an election, any handbill, notice, or placard in a location where employees work or may be present that threatens the cessation of work, workplace closure, reduced wages, or other adverse consequences within the employer’s control if a particular ticket or candidate is or is not elected.
  • Utah Code Ann. § 20A-3a-503: Prohibits corporations and their officers and agents from influencing or attempting to influence, induce, or compel in any manner, including by force, violence, intimidation, restraint, termination, or promotion, or by inflicting or threatening to inflict any injury, damage, harm, or loss, any employee to vote or refrain from voting at an election, or to vote or refrain from voting for a particular candidate or measure, and makes such conduct by individuals a misdemeanor.
  • Utah Code Ann. § 20A-3a-504: Prohibits the following as misdemeanors:
    • allowing others to see one’s ballot with the intent to reveal how they intend to vote;
    • falsely stating that one is unable to mark their own ballot;
    • interfering or attempting to interfere with anyone inside a voting booth or marking a ballot;
    • inducing or attempting to induce an individual inside a voting booth or marking a ballot to show how they have marked their ballot; or
    • taking a photograph of another person’s ballot at a polling place.
  • Utah Code Ann. § 20A-4–106: Prohibits anyone from examining ballots after they have been stored following the official canvass, except during a lawful recount; by an auditor conducting a statutory audit, if the audit uncovers evidence raising substantial doubt about the accuracy of the election results, provided the ballots are examined no later than the end of the calendar year in which the election was held or, if later, when the election contest is resolved; by the lieutenant governor within that same period; or by an auditor or the lieutenant governor at any time pursuant to a subpoena or other legal process.
  • Utah Code Ann. § 20A-4–501: Prohibits the following as felonies:
    • forging or counterfeiting election returns for an election purportedly held in a precinct where no election actually occurred;
    • willfully substituting forged or counterfeit election returns for the genuine returns of a precinct where an election was held; or
    • committing or causing fraud in an election.
  • Utah Code Ann. § 20A-4–502: Prohibits willfully adding or subtracting votes in election returns so that the totals differ from the votes actually cast, or otherwise altering election returns, and makes such conduct a felony.
  • Utah Code Ann. § 20A-4–504: Prohibits intentionally ascertaining or attempting to ascertain the progress or state of the count before the ballot count is completed in a voting precinct or before 8 p.m., whichever is later, and makes such conduct a felony.
  • Utah Code Ann. § 20A-4–505: Prohibits poll workers from directly or indirectly communicating, by word, sign, or any other means, the progress of ballot counting, preliminary results, or any other information about the count, and makes such conduct a felony.
  • Utah Code Ann. § 20A-5–403.5: Prohibits the following:
    • election officers from allowing anyone other than specified authorized individuals to access cameras, videos, or recordings used to monitor unattended ballot drop boxes;
    • individuals from viewing ballot drop box video recordings unless authorized to do so, and only to ensure compliance with video surveillance, access, or retention requirements or to investigate concerns related to ballots or the ballot drop box; or
    • candidates, campaign representatives, political party chairs, or their designees from viewing ballot drop box video recordings after the deadline for contesting an election.
  • Utah Code Ann. § 20A-5–603: Prohibits a poll worker from continuing to serve as a poll worker if they neglect their duties, commit or encourage fraud in connection with an election, violate an election law, knowingly permit any person to violate an election law, commit any act that interferes or tends to interfere with a fair and honest election, are incapable of performing their duties, or have been convicted of a felony, and requires election officials to summarily remove any such poll worker.
  • Utah Code Ann. § 20A-5–605: Prohibits poll workers from:
    • allowing anyone other than election officials and individuals admitted to vote within six feet of voting devices, voting booths, or the ballot box;
    • allowing the number of voters within that area to exceed the number of voting booths by more than four, not including poll workers and watchers; or
    • entering a voting booth to provide additional instructions unless a voter requests them, and if necessary, in regular general and regular primary elections, two poll workers belonging to different political parties enter to provide such assistance.
  • Utah Code Ann. § 20A-5–701: Prohibits election officers and poll workers from willfully neglecting their duties or willfully acting corruptly in discharging their duties, and makes such conduct a felony.
  • Utah Code Ann. § 20A-5–702: Prohibits destroying, suppressing, or concealing official ballots except as authorized by law, and makes such conduct a felony.
  • Utah Code Ann. § 20A-5–703: Prohibits anyone delivering official ballots or election returns to a voting precinct, poll worker, or election officer from neglecting, refusing, or failing to do so, and makes such conduct a misdemeanor.
  • Utah Code Ann. § 20A-5–706: Prohibits intentionally or knowingly damaging, modifying, stealing, tampering with, or destroying a voting device, voting equipment, or an automated voting system, and makes such conduct a felony.
  • Utah Code Ann. § 20A-5–902: Prohibits election officers from allowing anyone other than an election official to access election equipment, except when the equipment is being serviced or disposed of.
  • Utah Code Ann. § 76–5–103: Prohibits the following as felonies when involving the use of a firearm:
    • threatening to cause bodily injury to another when accompanied by a show of immediate force or violence;
    • attempting with unlawful force or violence to cause bodily injury to another; or
    • committing an act with unlawful force or violence that causes bodily injury to another or creates a substantial risk of such injury.
  • Utah Code Ann. § 76–5–107: Prohibits threatening to commit an offense involving bodily injury, death, or substantial property damage with the intent to place an individual in fear of imminent serious bodily injury, substantial bodily injury, or death, and makes such conduct a misdemeanor.
  • Utah Code Ann. § 76–8–104: Prohibits threatening harm to a voter, public servant, or party official — or a person or entity in whose welfare the voter, public servant, or party official is interested — with the purpose of influencing a vote, action, decision, recommendation, nomination, or other exercise of discretion, and makes such conduct a misdemeanor.
  • Utah Code Ann. § 76–8–201: Prohibits public servants, with the intent to benefit themselves or another or to harm another, from knowingly performing an unauthorized act that purports to be an act of their office or knowingly failing to perform a duty imposed by law or clearly inherent in their office, and makes such conduct a misdemeanor.
  • Utah Code Ann. § 76–8–301: Prohibits using force, violence, intimidation, or any other unlawful act with a purpose to interfere with a public servant performing or purporting to perform an official function, and makes such conduct a misdemeanor.
  • Utah Code Ann. § 76–8–301.2: Prohibits denying a public servant the use of public property owned, operated, or controlled by the state or a political subdivision of the state by restricting their freedom of movement, use of the property or facility, or entry into or exit from the property or facility, and makes such conduct a misdemeanor.
  • Utah Code Ann. § 76–8–313: Prohibits threatening or attempting to assault, irrespective of a showing of immediate force or violence, an elected official or their immediate family members with the intent to impede, intimidate, or interfere with the elected official in the performance of their duties or with the intent to retaliate against the elected official because of the performance of their duties, and makes such conduct a misdemeanor in the absence of bodily injury and a felony if the perpetrator attempts to inflict bodily injury or the elected official receives bodily injury.
  • Utah Code Ann. § 76–8–412: Prohibits government officers who have custody of public records from stealing, willfully destroying, mutilating, defacing, altering, falsifying, removing, or concealing all or part of those records, or permitting other persons to do so, and makes such conduct a felony.
  • Utah Code Ann. § 76–8–413: Prohibits individuals who do not have lawful custody of public records from stealing, willfully destroying, mutilating, defacing, altering, falsifying, removing, or concealing all or part of those records, or permitting other persons to do so, and makes such conduct a misdemeanor.
  • Utah Code Ann. § 76–8–511: Prohibits the following as misdemeanors:
    • knowingly making false entries in or false alterations to records or information held by the government or required by law to be maintained for the government’s information;
    • knowingly presenting or using false information or records with the intent that they be treated as genuine parts of such information or records; or
    • intentionally destroying, concealing, or otherwise impairing the truthfulness or availability of such information or records, knowing that such conduct is unlawful.
  • Utah Code Ann. § 76–11–205: Prohibits carrying a firearm inside a public or private elementary or secondary school, or on the grounds of a private elementary or secondary school, while knowing or reasonably believing that the location is school premises, and makes such conduct a misdemeanor.
  • Utah Code Ann. § 76–11–205.5: Prohibits intentionally carrying a firearm openly inside or on the grounds of a higher education institution while knowing or reasonably believing that the location is school premises, and makes such conduct a misdemeanor.
  • Utah Code Ann. § 76–11–207: Prohibits, in the presence of two or more individuals, unlawfully drawing or exhibiting a dangerous weapon in an angry and threatening manner or unlawfully using a dangerous weapon in a fight or quarrel, and makes such conduct a misdemeanor.

Police Presence at the Polls

  • Utah Code Ann. § 20A-3a-501: Requires sheriffs, deputy sheriffs, and municipal law enforcement officers to prevent the obstruction of entrances to polling places, including ballot drop box locations, and authorizes them to arrest individuals creating such obstructions.
  • Utah Code Ann. § 20A-5–605: Requires poll workers who relocate a polling place to station a peace officer or another appropriate individual at the original location to inform voters of the new polling place.

Election Material Maintenance, Access, and Retention

Various Utah laws, including Utah Code Ann. §§ 20A-1–603(3), 20A-3a-401(10), (11), 20A-3a-401.1(6), and 20A-4–202, require election officials to keep and preserve election records for certain durations. The Utah Division of Archives and Records Service maintains a schedule to assist custodians in maintaining and disposing of records in compliance with legal requirements. The table below lists key records retention requirements.

 

Election Watchers

  • Utah Code Ann. § 20A-3a-801: Prohibits the following:
    • election officials from preventing a watcher from performing an observation function authorized by law because the watcher failed to provide advance notice of the dates, times, and locations of the intended observation;
    • watchers certified by the same candidate, registered political party, or political issues committee from performing the same observation function at the same time and location;
    • administering election officers from failing to establish locations for watchers to observe election processes from no more than six feet away, except for the observation of the transport or transmission of a ballot in an election official’s custody and the observation of canvassing board meetings;
    • watchers from recording election activities if doing so would reveal a vote, violate a voter’s right to cast a secret ballot, or otherwise violate a voter’s privacy;
    • watchers from interfering with election processes they are authorized to observe, except to challenge an individual’s eligibility to vote as authorized by law; or
    • watchers from divulging information related to the number of votes counted, tabulated, or cast for a candidate or ballot proposition before an election officer makes the information public, and makes such conduct a felony.
  • Utah Code Ann. § 20A-3a-806: Prohibits election officials and watchers from revealing how a voter voted on a candidate or ballot proposition, or communicating any opinion, belief, or impression about how a voter voted, and makes such conduct a misdemeanor.
  • Utah Code Ann. § 20A-5–705: Prohibits election officials and watchers from revealing the name of a candidate for whom a voter voted or communicating any opinion, belief, or impression about how or for whom a voter voted, and makes such conduct a misdemeanor.

Emergency Powers

  • Utah Code Ann. § 53–2a-209: Authorizes the governor, during a declared state of emergency, to suspend enforcement of statutes when doing so is directly related to and “necessary” to address the emergency, and to suspend provisions of state agency orders, rules, or regulations when strict compliance “would substantially prevent, hinder, or delay necessary action in coping with the emergency or disaster.”
  • Utah Code Ann. § 20A-1–204: Authorizes local political bodies to conduct local elections on a date other than those prescribed by the legislature if there is a pending disaster.
  • Utah Code Ann. § 20A-1–308: Authorizes the lieutenant governor, during a declared emergency that affects an election in Utah and is declared by the president, the governor, or the chief executive officer of a Utah political subdivision, to designate a “different method, time, or location” for Election Day voting, early voting, transmitting or casting ballots, counting ballots, or canvassing election returns than otherwise prescribed by state election law.
  • Utah Code Ann. § 20A-3a-603: Authorizes election officers, after the deadline for providing notice of early voting polling places, to change polling place locations if necessary or designate additional polling places if they determine that existing locations are insufficient for the number of registered voters voting, subject to the lieutenant governor’s authority to designate different methods, times, or locations for early voting during a declared emergency affecting an election.
  • Utah Code Ann. § 20A-3a-703: Authorizes election officers, within 15 calendar days before an election, to change Election Day voting center locations if necessary or designate additional voting centers if they determine that existing locations are insufficient for the number of registered voters voting, subject to the lieutenant governor’s authority to designate different methods, times, or locations for voting during a declared emergency affecting an election.
  • Utah Code Ann. § 20A-5–403.5: Authorizes election officers, within 28 calendar days before an election, to change ballot drop box locations if necessary or designate additional drop boxes if they determine that existing boxes are insufficient for the number of registered voters voting, subject to the lieutenant governor’s authority to designate different methods, times, or locations for transmitting or casting ballots during a declared emergency affecting an election.

Paramilitary Activity and Civil Disorder

  • Utah Const. art. I, § 20: “The military shall be in strict subordination to the civil power . . . .”
  • Utah Code Ann. § 76–8–902: Prohibits the following as felonies:
    • advocating, suggesting, or teaching the duty, necessity, propriety, or expediency of crime, criminal syndicalism, or sabotage;
    • as a means of accomplishing or effecting industrial or political ends, change, or revolution, advocating, suggesting, or teaching the duty, necessity, propriety, or expediency of violence, property destruction or damage, bodily injury, or unlawful acts; printing, publishing, editing, issuing, or knowingly circulating, selling, distributing, or publicly displaying written materials containing, advocating, advising, suggesting, or teaching crime, criminal syndicalism, sabotage, violence, property destruction or damage, bodily injury, or unlawful acts; or organizing, joining, or voluntarily assembling with groups formed to teach or advocate criminal syndicalism, sabotage, or the necessity, propriety, or expediency of violence, crime, or unlawful acts; or
    • attempting to justify sabotage, violence, property destruction or damage, bodily injury, crime, or unlawful acts with the intent to exemplify, spread, teach, or suggest criminal syndicalism.
  • Utah Code Ann. § 76–8–903: Prohibits assembling with two or more other individuals, as a means of accomplishing or effecting industrial or political ends, change, or revolution, for the purpose of advocating, teaching, or suggesting the doctrine of criminal syndicalism or the duty, necessity, propriety, or expediency of violence, property destruction or damage, bodily injury, crime, or unlawful acts, and makes such conduct a felony.
  • Utah Code Ann. § 76–9–101: Prohibits the following conduct as a “riot,” and makes such conduct a misdemeanor, or a felony if the individual causes substantial or serious bodily injury, causes substantial property damage, commits arson, or possesses a dangerous weapon during the offense:
    • engaging in violent conduct simultaneously with two or more other individuals, knowingly or recklessly creating a substantial risk of public alarm;
    • assembling with two or more other individuals for the purpose of engaging in violent conduct soon thereafter, knowing that at least two other individuals share that purpose;
    • assembling with two or more other individuals for the purpose of committing an offense against a person or the property of a person believed to have violated the law, believing that at least two other individuals share that purpose; or
    • refusing to comply with a lawful order to withdraw before, during, or immediately after any of the above conduct.
  • Utah Code Ann. § 76–9–102: Prohibits the following conduct as “disorderly conduct,” and makes such conduct a misdemeanor if it occurs after the individual has been asked to cease it:
    • refusing to comply with a lawful order from a law enforcement officer to move from a public place or official meeting;
    • knowingly creating a hazardous or physically offensive condition through an act serving no legitimate purpose; or
    • intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk of such consequences, by:
      • engaging in fighting or violent, tumultuous, or threatening behavior;
      • making unreasonable noise in a public place or official meeting, or in a private place where the noise can be heard in a public place or official meeting; or
      • obstructing vehicular or pedestrian traffic in a public place or official meeting.
  • Utah Code Ann. § 76–9–103: Prohibits obstructing or interfering with a lawful meeting, procession, or gathering through physical action, verbal statements, or other means with the intent to prevent or disrupt the event, and makes such conduct a misdemeanor.
  • Utah Code Ann. § 76–9–104: Prohibits remaining at the scene of a riot, disorderly conduct, or an unlawful assembly after being ordered to disperse by a peace officer, unless the individual attempts to leave but is unsuccessful, and makes such conduct a misdemeanor.
  • Utah Code Ann. § 76–9–602: Prohibits using the name, officer title, insignia, ritual, or ceremony of a military-related organization without authorization with the intent to defraud or falsely represent that someone is or was a member, representative, or officer of that organization, and makes such conduct a criminal offense.

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 Utah

The governor of Utah serves as the chief executive officer of the state (Utah Const. art. VII, § 5). The governor oversees the operation of Utah’s government. Governor Spencer Cox was elected in 2020 and is currently serving his second four-year term.

During a gubernatorially declared state of emergency, the governor may “utilize all available resources of state government as reasonably necessary to cope with” the emergency (Utah Code Ann. § 53–2a-204(1)(a)). The governor may also suspend state agency orders, rules, or regulations if strict compliance “would substantially prevent, hinder, or delay necessary action in coping with the emergency or disaster” (Utah Code Ann. § 53–2a-209(3)). Additionally, during an emergency, the governor may suspend enforcement of statutes upon determining that doing so is directly related to and “necessary” to address the emergency (Utah Code Ann. § 53–2a-209(4)(a)(i)–(ii)).

The governor is the commander in chief of the state’s military forces, which consist of the Utah National Guard and the Utah State Defense Force (Utah Const. art. VII, § 4, Utah Code Ann. §§ 39A-3–102, 39A-4–102). The governor may call out the militia “to execute the laws, to suppress insurrection, or to repel invasion” (Utah Const. art. VII, § 4) and may also “order the National Guard into active service as necessary” (Utah Code Ann. § 39A-3–102). When the State Defense Force is ordered into active service, the governor may, by proclamation, declare martial law in all or any part of a county, city, or town in which troops are serving (Utah Code Ann. § 39A-4–112(1)).

Utah Lieutenant Governor

The lieutenant governor serves as Utah’s chief election officer, overseeing and supervising all elections in the state (Utah Code Ann. §§ 67–1a-2(1)(c), (2)(ii), 20A-1–105(1)). The office of lieutenant governor is established by the Utah Constitution and is part of the state’s executive department (Utah Const. art. VII, § 1). Deidre M. Henderson has served as lieutenant governor since 2021 and is currently serving her second four-year term.

The lieutenant governor’s election responsibilities include establishing uniformity in election ballots, preparing election information for the public, maintaining election returns, certifying individuals nominated for or elected to office, and ensuring that voting equipment complies with state requirements (Utah Code Ann. § 67–1a-2(2)). The lieutenant governor also designs and provides training to election officers and government workers who perform election-related duties (Utah Code Ann. § 20A-1–107(2)); compiles state election laws electronically and distributes copies to each county clerk (Utah Code Ann. § 20A-1–305); and oversees, manages, and coordinates all voter registration activities and maintains the statewide voter registration system (Utah Code Ann. §§ 20A-2–300.6, 20A-2–502). Additional responsibilities include maintaining, operating, and securing ballot-tracking systems (Utah Code Ann. § 20A-3a-401.5(2), (6)); preserving voting records (Utah Code Ann. § 20A-2–506); conducting annual audits of the voter registration database (Utah Code Ann. § 20A-5–901); and staying abreast of advances in election technology and methods for improving postelection audits (Utah Code Ann. § 20A-1–108).

During a declared emergency that affects an election in Utah and is declared by the president, the governor, or the chief executive officer of a Utah political subdivision, the lieutenant governor may designate a different method, time, or location for Election Day voting, early voting, transmitting or casting ballots, counting ballots, or canvassing election returns than otherwise prescribed by state election law (Utah Code Ann. §§ 20A-1–308(1)–(2), 67–1a-2(2)(a)(x)).

The lieutenant governor is responsible for enforcing election officers’ compliance with federal and state election laws and rules (Utah Code Ann. § 20A-1–105(1)(c)). To carry out this responsibility, the lieutenant governor has broad authority to examine and copy election records, including voter registration records, ballots, vote tallies, canvassing records, and election audit materials; access and observe election facilities, equipment, election-related work and processes, and staff; and attend meetings, including closed meetings (Utah Code Ann. § 20A-1–105(2)). Election officers must fully cooperate with the lieutenant governor in exercising these powers (Utah Code Ann. § 20A-1–105(3)).

Upon determining that an election officer has violated an applicable election law or rule, the lieutenant governor must first consult with the officer and may provide training or other assistance to remedy the violation (Utah Code Ann. § 20A-1–105(4)). If the violation continues, the lieutenant governor must issue a written order directing the officer to remedy and cease the violation, specifying the actions required and a compliance deadline (Utah Code Ann. § 20A-1–105(5)). The lieutenant governor may also bring a legal action at any time to compel an election officer’s compliance with applicable election laws and rules (Utah Code Ann. § 20A-1–105(10)).

The director of elections within the lieutenant governor’s office has authority to promulgate election-related rules governing the use, security, and maintenance of voter registration records (Utah Code Ann. § 20A-2–507); ballot printing (Utah Code Ann. § 20A-6–108(1)); ballot security, including how ballots are secured, tracked, handled, processed, disposed of, and counted (Utah Code Ann. § 20A-3a-404(1)); ballot return envelopes, identity and signature verification, signature audits, and chain-of-custody requirements (Utah Code Ann. §§ 20A-3a-106, 20A-3a-401(13), 20A-3a-401.1(9)); voting equipment testing and certification (Utah Code Ann. § 20A-5–802(2)); election software validation procedures (Utah Code Ann. § 20A-5–905(1)); and election audit requirements and procedures (Utah Code Ann. § 20A-1–108(1)(a)). Select examples of regulations include:

  • Utah Admin. Code r. 623–2: Establishes uniform ballot-counting standards for determining what constitutes a vote and which votes are counted for each voting system used in the state.
  • Utah Admin. Code r. 623–8: Establishes ballot security and chain-of-custody requirements and guidelines for election officials, including documentation of custody, handling, processing, disposition, and tabulation of ballots.
  • Utah Admin. Code r. 623–10: Establishes rules regarding voter registration database security and voter list maintenance.

The director of elections issues rules under the Utah Administrative Rulemaking Act (UARA) (Utah Code Ann. §§ 20A-1–108(1)(a), 20A-2–507, 20A-3a-106, 20A-3a-401(13), 20A-3a-401.1(9), 20A-3a-404(1), 20A-5–905(1), 20A-6–108(1)). UARA permits an agency to issue an emergency rule if the agency finds that following the procedures of the act would cause an imminent peril to the public health, safety, or welfare (Utah Code Ann. § 63G-3–304(1)(a)).

Utah National Guard

Brigadier General Michael D. Kjar serves as the adjutant general of Utah. The adjutant general is the commanding general of the Utah National Guard and the Utah State Defense Force (Utah Code Ann. § 39A-1–201(3)). The adjutant general is appointed by the governor and “serves at the pleasure of the governor” (Utah Code Ann. § 39A-1–201(2)(a), (3)). Governor Cox appointed Brigadier General Kjar in August 2026.

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

Federal courts recently addressed the limits on the president’s authority to federalize the National Guard under 10 U.S.C. § 12406, which permits federalization when (among other circumstances) “the president is unable with the regular forces to execute the laws of the United States.” In October 2025, President Trump invoked this law to federalize approximately 300 members of the Illinois National Guard in the Chicago area. After an additional 400 members of the Texas National Guard were slated for deployment in the area, Illinois Attorney General Kwame Raoul sued to halt the deployment. Approximately 200 Texas National Guard members were ultimately deployed to Chicago but were demobilized in November 2025 while the litigation continued.

In December 2025, the Supreme Court, by a vote of 6–3, rejected a request from the Trump administration to put the temporary restraining order issued by a lower court judge on hold while litigation continued. The majority held that the president may federalize National Guard forces under 10 U.S.C. § 12406 only in situations where he has legal authority to deploy active-duty troops and has determined that active-duty troops are insufficient. The majority concluded that, “[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.

In August 2025, the Utah National Guard was asked to assist the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) with immigration enforcement efforts. By September 2025, fewer than 120 National Guard members had volunteered for the mission, which involved transporting detainees and was scheduled to last until mid-November.

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, early voting locations, or drop boxes under various circumstances. Regardless of the reason, their appearance may cause concern or confusion. As federal presence in election settings has historically been rare and is subject to both federal and state limitations, reviewing the applicable laws and regulations will help you to appropriately prepare and respond, if necessary.

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

Summary

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

Discussion

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

As an initial matter, Utah conducts elections primarily by mail (Utah Code Ann. § 20A-3a-202(1)(a)). However, voters may also cast ballots in person at polling places during early voting or on Election Day (Utah Code Ann. § 20A-3a-201(1)(b)–(c)). State law requires election officers to designate at least one polling place open on each day of early voting, and requires counties administering elections to maintain at least one Election Day voting center, plus an additional center for every 5,000 active voters who will not receive a ballot by mail (Utah Code Ann. §§ 20A-3a-603(1)(a), 20A-3a-202(8)(a)).

Utah law generally permits persons age 21 or older to carry a firearm, whether openly or concealed, without a permit, subject to restrictions on carrying firearms in certain locations (Utah Code Ann. § 53–5a-102.2(1)(b), (2)(b); see also Utah Const. art. I, § 6). Several of those restricted locations may serve as polling places — including public or private elementary or secondary schools, where open and concealed carry without a permit are generally prohibited, although qualifying permit holders age 21 or older may carry concealed firearms (Utah Code Ann. § 76–11–205(1)(a), (2), (4)(b)–(c)); and higher education institutions, where open carry is generally prohibited regardless of permit status, but concealed carry without a permit is generally permitted for individuals age 21 or older (Utah Code Ann. §§ 53–5a-102.2(1)(b), (2)(b)(ii), (2)(c)(ii)(B), 76–11–205.5(2), (4)).

However, U.S. marshals, “federal official[s] required to carry a firearm,” “peace officer[s] of any jurisdiction,” and “law enforcement official[s]” with the required certification are exempt from these restrictions (Utah Code Ann. §§ 53–5a-108(1)(a)–(d), 76–11–205(4)(a), 76–11–205.5(4)(a)). Federal law enforcement officers required to carry firearms appear to qualify for the exemption applicable to “federal official[s] required to carry a firearm.” Although the statute does not expressly exempt military personnel, service members whose duties similarly require them to carry firearms may also qualify for that exemption. And while the law enforcement official exemption appears to cover specified state and local officials (Utah Code Ann. § 53–5a-311(1)(c), (4)(a)), Utah law also recognizes “federal officers” as a category of officials who may exercise “peace officer authority,” and it identifies various federal officers with state law enforcement authority while allowing for the designation of additional federal peace officers (Utah Code Ann. §§ 53–13–102(4), 53–13–106(1)(c), (d)(i), (e)). Accordingly, the exemption for “peace officer[s] of any jurisdiction” may extend to federal law enforcement officers who are authorized, but not required, to carry firearms and therefore do not qualify for the separate exemption for federal officials required to carry them.

Additionally, polling places may be located on private property, and owners or lawful lessees of such property may generally prohibit individuals from carrying firearms on their premises (Utah Code Ann. § 53–5a-102.2(3)(b)). Utah law does not expressly exempt federal law enforcement officers or military personnel from such restrictions.

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 groups, local military liaisons, and state officials.
  • Incorporate these policies into your training materials and other relevant documents.
  • Publish, post, and otherwise distribute these policies before and during in-person voting. Consider working with community groups, military and veterans’ groups, and federal officials in your area to help distribute this information.
  • Consider posting signage, where appropriate, regarding weapons prohibitions at in-person voting locations or drop boxes. The Center for Civic Design offers a guide with customizable gun safety signage templates.
  • Review in-person voting locations to determine whether any are located on federal property, including within federal buildings, and discuss the resulting list with your counsel to identify any special considerations that apply to these locations.
  • Meet with relevant federal officials in advance to discuss potential jurisdictional issues and agree on the rules and procedures that will apply during in-person voting. Formalize agreements as appropriate.
  • Contact your counsel and notify other election officials in your state of challenges that arise during the in-person voting period.

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

Summary

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

Discussion

The DOJ may deploy federal employees to in-person voting locations. 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 monitor for compliance with federal civil rights laws in elections in communities all across the country.” In November 2020, it deployed monitors to 18 states. In November 2024, the DOJ deployed monitors to voting locations in 27 states, including Utah, where monitors were sent to San Juan County. The department announced in July 2026 that it would send election monitors to 15 jurisdictions across Arizona, Massachusetts, Michigan, Minnesota, New Hampshire, and Virginia during primary elections. And in September 2026, it announced that it would send 1,000 monitors to “select locations around the country to observe the general election in November.”

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

In the absence of a federal statute clearly providing DOJ staff monitors access to polling locations, these monitors are generally subject to state laws governing access to the polls, which may include rules on credentialing, conduct, and where observers may be stationed. According to a 2018 report by the U.S. Commission on Civil Rights, the DOJ can “send its own staff to monitor elections, but they can only enter the polls if they have permission from the local jurisdiction.” In Utah, poll workers may not allow anyone other than election officials and individuals admitted to vote within six feet of voting devices, voting booths, or ballot boxes (Utah Code Ann. § 20A-5–605(8)(b)).

When polling place access has not been granted or is in question, some state election officials, including Missouri’s secretary of state and Texas’s attorney general, have requested a court order barring federal monitors inside polling locations when informed that jurisdictions in their states had been selected for federal monitoring. In Texas — which unlike St. Louis County had no prior settlement agreement with the DOJ authorizing federal monitoring — the department agreed to station observers outside of polling locations. After DOJ monitors reportedly attempted to access polling locations and voting equipment during the 2026 primary in Laramie County, Wyoming Governor Mark Gordon requested an investigation into their conduct.

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

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

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

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

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

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

As for state law, Utah Code Ann. § 20A-1–603(1)(b)(iii) prohibits engaging in riotous conduct at an election or interfering in any manner with election officials in the discharge of their duties. More broadly, Utah law prohibits using force, violence, intimidation, or any other unlawful act with the purpose of interfering with a public servant performing or purporting to perform an official function; denying public servants the use of public property owned, operated, or controlled by the state or a political subdivision by restricting their freedom of movement, use of the property or facility, or entry into or exit from the property or facility; and threatening to harm public servants or party officials — or persons or entities whose welfare they are interested in — in order to influence a vote, action, decision, recommendation, nomination, or other exercise of discretion (Utah Code Ann. §§ 76–8–301(2), 76–8–301.2(2), 76–8–104(2)).

Utah law also prohibits taking, concealing, or destroying ballots, pollbooks, or other election materials from polling places or lawful custody, or removing, concealing, or destroying ballot drop boxes or their contents; willfully defacing ballots or delaying their delivery; suppressing official ballots except as authorized by law; knowingly possessing or controlling another individual’s voted manual (or paper) ballot, except as an election official, postal worker acting in an official capacity, individual lawfully handling emergency or military-overseas ballots, individual authorized to assist voters who need help delivering their ballots because of age, illness, or disability, or member of the same household; and examining ballots offered or cast at the polls or found in ballot boxes or ballot drop boxes except to determine which candidate was elected (Utah Code Ann. §§ 20A-1–603(1)(b)(v)–(vi), 20A-1–605(1)(f)–(h), 20A-3a-501(5), 20A-5–702(1)).

Related provisions prohibit willfully and without lawful authority altering, defacing, destroying, tearing down, or removing candidate lists, voter instructions, sample ballots, or supplies furnished to enable voters to prepare their ballots (Utah Code Ann. § 20A-1–604(1)). Utah law further prohibits intentionally or knowingly damaging, modifying, stealing, tampering with, or destroying voting equipment and restricts election officers from allowing anyone other than election officials to access election equipment except when it is being serviced or disposed of (Utah Code Ann. §§ 20A-5–706(1), 20A-5–902(1)).

Other provisions prohibit altering election returns or willfully adding to or subtracting from votes actually cast (Utah Code Ann. § 20A-4–502(1))m and intentionally ascertaining or attempting to ascertain the state of the count in a voting precinct before the count is completed or before 8 p.m., whichever is later (Utah Code Ann. § 20A-4–504(1)).

Utah law also restricts access to cameras, videos, and recordings used to monitor ballot processing and unattended ballot drop boxes, and prohibits viewing of those recordings except by authorized individuals for specified compliance or investigative purposes (Utah Code Ann. §§ 20A-3a-401.1(6)(c), (7)(a), 20A-5–403.5(1)(f), (2)(a)).

Moreover, state law protects voters against interference or intimidation. State law prohibits interfering with voters lawfully exercising their voting rights so as to prevent an election from being fairly held; willfully hindering the voting of others; disrupting polling places or interfering with individuals marking ballots; using force, fraud, intimidation, violence, restraint, or abduction to influence or impede voting; and threatening harm to voters — or persons or entities whose welfare they are interested in — to influence their votes (Utah Code Ann. §§ 20A-1–603(1)(b)(ii), 20A-1–604(1), 20A-3a-501(2)(iv), 20A-3a-502(1), (2), 20A-3a-504(1)(c), 76–8–104(2)). Utah law also prohibits soliciting voters to show their ballots; intentionally displaying one’s own ballot to reveal an intended vote; inducing individuals in voting booths or marking ballots to reveal their selections; and photographing another person’s ballot at a polling place (Utah Code Ann. §§ 20A-3a-501(4), 20A-3a-504(1)(a), (d), (e)).

On top of these prohibitions, Utah law imposes certain restrictions on election watchers subject to state law. Watchers may not record election activities in a manner that reveals votes or violates ballot secrecy or voter privacy; interfere with election processes they are authorized to observe, except to challenge voter eligibility as authorized by law; divulge information about votes counted, tabulated, or cast for a candidate or ballot proposition before an election officer makes that information public; or reveal how a voter voted or communicate any opinion, belief, or impression about how or for whom a voter voted (Utah Code Ann. §§ 20A-3a-801(7)(i), (iii), (iv), 20A-3a-806, 20A-5–705). Election officers may remove watchers who violate any of their duties or restrictions, or who otherwise interfere with election processes, from the polling place (Utah Code Ann. § 20A-3a-801(8)(ii), (iii)).

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 locaml 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 has advised that election-related records must remain under election officials’ supervision, thereby limiting conditions under which others may be granted access.

Federal and state laws may limit the information that local Utah 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 Utah law requires the lieutenant governor and county clerks to disclose certain “standard voter data” upon request, including voters’ names, addresses, age ranges, registration status, party affiliation, electoral districts, and voting history, it generally prohibits disclosing other information from those records, including birth dates, driver’s license or identification numbers, Social Security numbers, email addresses, phone numbers, and information concerning proof of citizenship (Utah Code Ann. §§ 20A-2–601(14), 20A-2–603(1)(a), (b)(i), 63G-2–302(1)(j)). State law separately prohibits disclosing any voter registration information concerning at-risk voters, except as otherwise authorized by law (Utah Code Ann. § 20A-2–603(1)(b)(ii)). The law also prohibits disclosure when the lieutenant governor or county clerk has probable cause to believe that a requester has misrepresented their identity or authority or intends to use or share the information unlawfully, and restricts recipients’ use and sharing of voter registration information (Utah Code Ann. § 20A-2–603(3)(c), (2)(a)–(d)).

In July 2025, the Department of Justice (DOJ) requested Utah’s complete statewide voter registration list, including sensitive voter data. After Utah provided only its publicly available list and raised privacy concerns about disclosing the entire set of data, the DOJ proposed a memorandum of understanding in December 2025 to address those concerns. When Utah had still not produced its complete list by February 2026, the DOJ sued the state. Litigation is ongoing — check with your counsel on the current status of the lawsuit.

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

Separately, federal and state laws prohibit anyone, including federal officials, from interfering or attempting to interfere 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, Utah Code Ann. § 20A-1–603(1)(b)(iii) prohibits engaging in riotous conduct at an election or interfering in any manner with election officials in the discharge of their duties. More broadly, Utah law prohibits using force, violence, intimidation, or any other unlawful act with the purpose of interfering with a public servant performing or purporting to perform an official function; denying public servants the use of public property owned, operated, or controlled by the state or a political subdivision by restricting their freedom of movement, use of the property or facility, or entry into or exit from the property or facility; and threatening to harm public servants or party officials — or persons or entities whose welfare they are interested in — in order to influence a vote, action, decision, recommendation, nomination, or other exercise of discretion (Utah Code Ann. §§ 76–8–301(2), 76–8–301.2(2), 76–8–104(2)).

Utah law also prohibits taking, concealing, or destroying ballots, pollbooks, or other election materials from polling places or lawful custody, or removing, concealing, or destroying ballot drop boxes or their contents; willfully defacing ballots or delaying their delivery; suppressing official ballots except as authorized by law; knowingly possessing or controlling another person’s voted manual (or paper) ballot, except as an election official, postal worker acting in an official capacity, individual lawfully handling emergency or military-overseas ballots, individual authorized to assist voters who need help delivering their ballots because of age, illness, or disability, or member of the same household; and examining ballots offered or cast at the polls or found in ballot boxes or ballot drop boxes except to determine which candidate was elected (Utah Code Ann. §§ 20A-1–603(1)(b)(v)–(vi), 20A-1–605(1)(f)–(h), 20A-3a-501(5), 20A-5–702(1)).

Related provisions prohibit willfully and without lawful authority altering, defacing, destroying, tearing down, or removing candidate lists, voter instructions, sample ballots, or supplies furnished to enable voters to prepare their ballots (Utah Code Ann. § 20A-1–604(1)). Utah law further prohibits intentionally or knowingly damaging, modifying, stealing, tampering with, or destroying voting equipment and restricts election officers from allowing anyone other than election officials to access election equipment except when it is being serviced or disposed of (Utah Code Ann. §§ 20A-5–706(1), 20A-5–902(1)).

Other provisions prohibit altering election returns or willfully adding to or subtracting from votes actually cast (Utah Code Ann. § 20A-4–502(1)), and intentionally ascertaining or attempting to ascertain the state of the count in a voting precinct before the count is completed or before 8 p.m., whichever is later (Utah Code Ann. § 20A-4–504(1)).

 Finally, state law restricts access to cameras, videos, and recordings used to monitor ballot processing and unattended ballot drop boxes, and prohibits viewing of those recordings except by authorized individuals for specified compliance or investigative purposes (Utah Code Ann. §§ 20A-3a-401.1(6)(c), (7)(a), 20A-5–403.5(1)(f), (2)(a)).

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 Utah Association of Counties, the office of Utah’s lieutenant governor, and other trusted and experienced state and local election officials for advice on efficiently fielding similar requests. Sharing information may also help other officials facing similar situations.

Scenario: Armed federal officials or troops are deployed to voting locations

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 Immigration and Customs Enforcement (ICE) agents — are typically armed, this prohibition would typically prohibit their deployment to in-person voting locations. Notably, although 18 U.S.C. § 592 was enacted well after the passage of the Insurrection Act, it does not provide an exemption for troops deployed pursuant to the act.

As explained above, Utah law generally permits a person age 21 or older to carry a firearm, whether openly or concealed, without a permit, subject to restrictions on carrying firearms in certain locations (Utah Code Ann. § 53–5a-102.2(1)(b), (2)(b); see also Utah Const. art. I, § 6). Several of those restricted locations may serve as polling places — including public or private elementary or secondary schools, where open and concealed carry without a permit are generally prohibited, although qualifying permit holders age 21 or older may carry concealed firearms (Utah Code Ann. § 76–11–205(1)(a), (2), (4)(b)–(c));and higher education institutions, where open carry is generally prohibited regardless of permit status, but concealed carry without a permit is generally permitted for individuals age 21 or older (Utah Code Ann. §§ 53–5a-102.2(1)(b), (2)(b)(ii), (2)(c)(ii)(B), 76–11–205.5(2), (4)).

These restrictions exempt U.S. marshals, federal officials required to carry firearms, peace officers of any jurisdiction, and qualifying law enforcement officials (Utah Code Ann. §§ 53–5a-108(1)(a)–(d), 76–11–205(4)(a), 76–11–205.5(4)(a)). Federal law enforcement officers required to carry firearms appear to qualify for the exemption applicable to federal officials required to carry firearms. Although the statute does not expressly exempt military personnel, service members whose duties similarly require them to carry firearms may also qualify for that exemption. And while the law enforcement official exemption appears to cover specified state and local officials (Utah Code Ann. § 53–5a-311(1)(c), (4)(a)), the separate peace officer exemption may extend to federal law enforcement officers who are authorized but not required to carry firearms, because Utah law recognizes “federal officers” as a category of officials who may exercise “peace officer authority” (Utah Code Ann. §§ 53–13–102(4), 53–13–106(1)(c), (d)(i), (e)). Finally, owners or lawful lessees of private property used as polling places may generally prohibit firearms, and Utah law does not expressly exempt military personnel or federal law enforcement officers from such restrictions (Utah Code Ann. § 53–5a-102.2(3)(b)).

Beyond these location-specific firearms restrictions, Utah law prohibits unlawfully drawing or exhibiting a dangerous weapon in an angry and threatening manner in the presence of two or more individuals (Utah Code Ann. § 76–11–207(2)(a)). However, this prohibition exempts U.S. marshals, federal officials required to carry firearms, peace officers of any jurisdiction, and qualifying law enforcement officials when acting in the performance of their duties (Utah Code Ann. §§ 76–11–207(4)(b), 53–5a-108(1)(a)–(f)). As with the exemptions discussed above, this exemption may cover military personnel whose duties require them to carry firearms, federal law enforcement officers required to carry firearms, and federal law enforcement officers authorized but not required to carry firearms who qualify as peace officers — but unlike those exemptions, this exemption would only apply when they are acting in the performance of their duties. Accordingly, federal personnel who unlawfully draw or exhibit dangerous weapons in a threatening manner outside the scope of their official duties may be subject to the prohibition.

Utah law also prohibits threatening, with a show of immediate force or violence, to do bodily injury to another, or committing an act involving unlawful force or violence that causes or creates a substantial risk of bodily injury, where the conduct involves a dangerous weapon or other qualifying means (Utah Code Ann. § 76–5–103(2)(a)(ii), (iii), (b)). State law further prohibits threatening to commit an offense involving bodily injury, death, or substantial property damage with the intent to place an individual in fear of imminent serious bodily injury, substantial bodily injury, or death (Utah Code Ann. § 76–5–107(2)(a)). Neither provision contains an express exemption for federal officials or military personnel. Therefore, they 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.

While Utah law does not include a similar provision containing a private right of action, it prohibits conduct that interferes with or intimidates voters. State law prohibits interfering with voters lawfully exercising their voting rights so as to prevent an election from being fairly held; willfully hindering the voting of others; disrupting polling places or interfering with individuals marking ballots; using force, fraud, intimidation, violence, restraint, or abduction to influence or impede voting; and threatening harm to voters — or persons or entities whose welfare they are interested in — to influence their votes (Utah Code Ann. §§ 20A-1–603(1)(b)(ii), 20A-1–604(1), 20A-3a-501(2)(iv), 20A-3a-502(1), (2), 20A-3a-504(1)(c), 76–8–104(2)). Utah law also prohibits soliciting voters to show their ballots; intentionally displaying one’s own ballot to reveal an intended vote; inducing individuals in voting booths or marking ballots to reveal their selections; and photographing another person’s ballot at a polling place (Utah Code Ann. §§ 20A-3a-501(4), 20A-3a-504(1)(a), (d), (e)).

Moreover, Utah law targets those who would interfere with election administration, including by intimidating election officials. Utah Code Ann. § 20A-1–603(1)(b)(iii) prohibits engaging in riotous conduct at an election or interfering in any manner with election officials in the discharge of their duties. More broadly, Utah law prohibits using force, violence, intimidation, or any other unlawful act with the purpose of interfering with a public servant performing or purporting to perform an official function; denying public servants the use of public property owned, operated, or controlled by the state or a political subdivision by restricting their freedom of movement, use of the property or facility, or entry into or exit from the property or facility; and threatening to harm public servants or party officials — or persons or entities whose welfare they are interested in — in order to influence a vote, action, decision, recommendation, nomination, or other exercise of discretion (Utah Code Ann. §§ 76–8–301(2), 76–8–301.2(2), 76–8–104(2)).

Utah law also prohibits taking, concealing, or destroying ballots, pollbooks, or other election materials from polling places or lawful custody, or removing, concealing, or destroying ballot drop boxes or their contents; willfully defacing ballots or delaying their delivery; suppressing official ballots except as authorized by law; knowingly possessing or controlling another person’s voted manual (or paper) ballot, except as an election official, postal worker acting in an official capacity, individual lawfully handling emergency or military-overseas ballots, individual authorized to assist voters who need help their delivering ballots because of age, illness, or disability, or member of the same household; and examining ballots offered or cast at the polls or found in ballot boxes or ballot drop boxes except to determine which candidate was elected (Utah Code Ann. §§ 20A-1–603(1)(b)(v)–(vi), 20A-1–605(1)(f)–(h), 20A-3a-501(5), 20A-5–702(1)).

Related provisions prohibit willfully and without lawful authority altering, defacing, destroying, tearing down, or removing candidate lists, voter instructions, sample ballots, or supplies furnished to enable voters to prepare their ballots (Utah Code Ann. § 20A-1–604(1)). Utah law further prohibits intentionally or knowingly damaging, modifying, stealing, tampering with, or destroying voting equipment and restricts election officers from allowing anyone other than election officials to access election equipment except when it is being serviced or disposed of (Utah Code Ann. §§ 20A-5–706(1), 20A-5–902(1)).

Other provisions prohibit altering election returns or willfully adding to or subtracting from votes actually cast (Utah Code Ann. § 20A-4–502(1)), and intentionally ascertaining or attempting to ascertain the state of the count in a voting precinct before the count is completed or before 8 p.m., whichever is later (Utah Code Ann. § 20A-4–504(1)). Utah law also restricts access to cameras, videos, and recordings used to monitor ballot processing and unattended ballot drop boxes, and prohibits viewing of those recordings except by authorized individuals for specified compliance or investigative purposes (Utah Code Ann. §§ 20A-3a-401.1(6)(c), (7)(a), 20A-5–403.5(1)(f), (2)(a)).

Finally, state law requires sheriffs, deputy sheriffs, and municipal law enforcement officers to prevent the obstruction of entrances to polling places, including ballot drop box locations, and authorizes those officers to arrest individuals creating such obstructions (Utah Code Ann. § 20A-3a-501(1)(b), (3)(b)).

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

Scenario: Federal agents are deployed to communities

Summary

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

Discussion

Utah law prohibits unlawfully drawing or exhibiting a dangerous weapon in an angry and threatening manner in the presence of two or more individuals (Utah Code Ann. § 76–11–207(2)(a)). However, this prohibition exempts U.S. marshals, federal officials required to carry firearms, peace officers of any jurisdiction, and qualifying law enforcement officials when acting in the performance of their duties (Utah Code Ann. §§ 76–11–207(4)(b), 53–5a-108(1)(a)–(f)). As with the exemptions discussed above, this exemption may cover military personnel whose duties require them to carry firearms, federal law enforcement officers required to carry firearms, and federal law enforcement officers authorized but not required to carry firearms who qualify as peace officers — but unlike those exemptions, this exemption would only apply when they are acting in the performance of their duties. Accordingly, federal personnel who unlawfully draw or exhibit dangerous weapons in a threatening manner outside the scope of their official duties may be subject to the prohibition.

Utah law also prohibits threatening, with a show of immediate force or violence, to do bodily injury to another, or committing an act involving unlawful force or violence that causes or creates a substantial risk of bodily injury, where the conduct involves a dangerous weapon or other qualifying means (Utah Code Ann. § 76–5–103(2)(a)(ii), (iii), (b)). State law further prohibits threatening to commit an offense involving bodily injury, death, or substantial property damage with the intent to place an individual in fear of imminent serious bodily injury, substantial bodily injury, or death (Utah Code Ann. § 76–5–107(2)(a)). Neither provision contains an express exemption for federal officials or military personnel. Therefore, they 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.

While Utah law does not include a similar provision containing a private right of action, it prohibits conduct that interferes with or intimidates voters. State law prohibits interfering with voters lawfully exercising their voting rights so as to prevent an election from being fairly held; willfully hindering the voting of others; disrupting polling places or interfering with individuals marking ballots; using force, fraud, intimidation, violence, restraint, or abduction to influence or impede voting; and threatening harm to voters — or persons or entities whose welfare they are interested in — to influence their votes (Utah Code Ann. §§ 20A-1–603(1)(b)(ii), 20A-1–604(1), 20A-3a-501(2)(iv), 20A-3a-502(1), (2), 20A-3a-504(1)(c), 76–8–104(2)). State law also prohibits soliciting voters to show their ballots; intentionally displaying one’s own ballot to reveal an intended vote; inducing individuals in voting booths or marking ballots to reveal their selections; and photographing another person’s ballot at a polling place (Utah Code Ann. §§ 20A-3a-501(4), 20A-3a-504(1)(a), (d), (e)).

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

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

Summary

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

Discussion

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

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

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

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

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

Election officials can prepare for and respond to mail-service interruptions or delays by strengthening the parts of the process they can control — for example, by mailing ballots to voters as early as possible; reminding voters that they may return mail ballots in person by delivering them to the election officer or depositing them in a ballot drop box at a polling place or at another designated location; 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 to make a plan for how they will vote. If that plan includes using a mail ballot, encourage them to return completed ballots as early as possible and to use alternatives to the mail where available, such as ballot drop boxes.
  • If your office uses ballot-tracking services or tools, regularly monitor the data for service anomalies and trends, and communicate 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