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Ra~esearch Service
Overview of Federal Criminal Laws
Prohibiting Threats and Harassment of
Election Workers
June 30, 2022
Following the 2020 elections, the Department of Justice reported a significant increase in threats of
violence toward individuals who administer elections, identifying more than 850 reported incidents of
threats and harassment targeting election workers for their work. This Legal Sidebar provides an overview
of federal and state 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 117th Congress, is found in this CRS Insight.)
Federal Law Overview
Constitutional Authority
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. Congressional power to regulate presidential elections is broad, though not as
clearly established as the power over House and Senate elections, as Article II, Section 1, cl. 4 provides
only that Congress may determine the time of choosing presidential electors. Furthermore, 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 strongly stated,
and that Congress, undoubtedly, possesses that power . .. to preserve the . . . institutions of the general
government from impairment or destruction ....
Congressional Research Service
https://crsreports.congress.gov
LSB10781
CRS Legal Sidebar
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/govehxy0001&div=1&collection=&method=preview&ext=.png&size=3)
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