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Congressional ______
'.Research Service
Overview of Federal Criminal Laws
Prohibiting Threats and Harassment of
Election Workers
Updated April 4, 2024
Following the 2020 elections, the Department of Justice (DOJ) reported a significant increase in threats of
violence toward individuals who administer elections, identifying in 2022 more than 1,000 reported
incidents of threats and harassment targeting election workers for their work. This Legal Sidebar provides
an overview of federal laws prohibiting threats and harassment against individuals responsible for
administering elections, including election officials, workers, and volunteers at the federal, state, and local
levels. The Sidebar also provides a brief overview of potential constitutional concerns related to the
federal prosecution of individuals for threats and harassment to election workers, and considerations for
Congress if it considers supplementing existing laws that address threats to election workers. (Further
information on election worker safety and privacy policies, including a summary of relevant legislation
introduced in the 118h Congress, can be found in this CRS Insight.)
Federal Law Overview
Constitutional Authority
The Elections Clause, in Article 1, Section 4, of the U.S. Constitution states, The Times, Places and
Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the
Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as
to the Places of [choosing] Senators. While the states have primary responsibility for administering
elections, the federal government maintains significant authority over elections including safeguarding the
safety and integrity of congressional elections.
A parallel constitutional provision addressing presidential elections, Article II, Section 1, cl. 4, provides
that Congress may determine the time of choosing presidential electors and the day the electors shall
cast their votes, with that day being the same throughout the United States. This clause does not delegate
to the states any power to prescribe the time, place, and manner of electors casting votes in a presidential
election. The Supreme Court has held that [t]he importance of [the presidential] election and the vital
character of its relationship to and effect upon the welfare and safety of the whole people cannot be too
Congressional Research Service
https://crsreports.congress.gov
LSB10781
CRS Legal Sidebar
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/goveowx0001&div=1&collection=&method=preview&ext=.png&size=3)
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