New White Paper Explores Preemption of Local Election Administration
Election administration is a foundational element of our democracy. Participation in elections is how Americans make sure their voices are heard; and the proper resourcing of elections is how local election officials (LEOs) have the support they need to successfully manage fair, transparent, and secure elections.
Unfortunately, legislatures in some states continue to advance abusive preemption measures designed to burden LEOs and limit their ability to promote democracy. A new white paper by Richard Briffault for Local Solutions Support Center (LSSC), Preemption of Local Election Administration, looks at these abusive preemption trends and their impact on our democracy. The report is an update to a July 2022 white paper from Briffault which first explored this emerging preemption trend.
Briffault’s research makes clear the overarching theme of these preemption efforts: These state attacks on local election administration represent a largely partisan effort driven not by any genuine desire to improve our election infrastructure; but rather to give credence to mis- and disinformation - essentially, supporting the “Big Lie” that the 2020 election was marred by fraud, and that the only way to respond is by curtailing the ability of LEOs to effectively and securely administer elections moving forward.
In fact, much of the preemption targets LEOs specifically - not only curtailing their power, but often threatening punitive retribution. LEOs already are on the frontlines of our democracy, and face a number of burdens - such as chronic underfunding from Congress and growing threats of harassment and violence. The white paper explores in more detail the specific types of trends hamstringing LEOs and efficient election administration more broadly, including:
Limits on Local Authority: Twelve states have either banned drop boxes altogether or enacted statutes with approved methods for returning ballots that do not include drop boxes. Other troubling trends include efforts to undermine voting accessibility through limits on early voting and mobile voting sites.
New Burdens on LEOs: More than two dozen states now ban nonpartisan, private support for election administration - even though Congress refuses to properly fund elections. Many states with these bans have not offered LEOs any sort of increased, or sustained, public funding. Instead, they simply create more - often duplicative - work for LEOs, essentially demanding they do more with fewer resources. One example is a 2021 Georgia law that allows an unlimited number of challenges to voter registrations that was strengthened in 2024. The 2024 update exacerbated the burden on LEOS by mandating that local election boards hold hearings on all challenges when certain types of information provide “probable cause” of ineligibility, which includes categories that election law specialists know to be unreliable. The Georgia law allows for mass challenges on voter registrations, which can quickly overwhelm elections officials.
New Protections for Partisan Poll Watchers: Some states have passed measures making it easier for partisan poll watchers to challenge - and potentially intimidate - voters. Texas, for example, now allows poll watchers “free movement” within polling places, guaranteeing them the ability to “sit or stand near enough to see and hear activity” as voters cast their ballots; they’re also permitted to follow LEOs transferring election materials from polling places to regional tabulating centers.
Criminal Penalties: A number of preemptive measures are intentionally designed to chill or intimidate LEOs from taking the steps they need to ensure all eligible and registered voters are able to participate in elections. Some states threaten fines of up to $10,000; while others make it a felony for LEOs to undertake certain activities, like distributing absentee ballots with some information - such as a voter’s name and address- prefilled; or accepting nonpartisan private funds (particularly in lieu of systemic underfunding from the federal and many state governments.) Many of the activities criminalized have, in previous years, contributed to the effective administration of fair, transparent, and secure elections.
These trends are particularly troubling ahead of our November elections - as LEOs in many states will be forced to comply with measures specifically designed to make our democracy less accessible and less equitable for many communities.
For more specific details on the latest trends in preemption of local election administration, be sure to check out the new white paper in its entirety. If you’re interested in speaking with either Professor Briffault or other LSSC experts about election-related preemption measures, please contact media@supportdemocracy.org.