DOJ’s New Strategy: Ensuring Election Safety Amid Rising Threats

Department of Justice emblem on the American flag.

The Department of Justice deploys election officers nationwide, but questions arise about the effectiveness of their efforts to combat threats against election workers.

At a Glance

  • DOJ’s Election Threats Task Force has charged only 20 people out of 2,000 reported threats since 2021
  • Attorney General Merrick Garland emphasizes commitment to prosecuting those who threaten election officials
  • Concerns raised about task force effectiveness with only 100 investigations opened and 15 convictions achieved
  • 40% of local election officials reported threats in 2024, with 45% of threats going unreported
  • District Election Officers (DEOs) deployed nationwide to address threats and ensure election integrity

DOJ’s Election Threats Task Force: A Mixed Record

The Department of Justice’s Election Threats Task Force, established in 2021 to address the rising tide of threats against election workers, has come under scrutiny for its limited success. Despite the alarming number of reported threats, the task force has only managed to charge 20 individuals out of approximately 2,000 reported incidents. This stark disparity has raised questions about the effectiveness of the DOJ’s approach in safeguarding election integrity and protecting those who administer our democratic processes.

The task force’s record becomes even more concerning when examining the broader picture. With only 100 investigations opened and a mere 15 convictions secured, the impact of this initiative appears to fall short of its intended goals. These numbers suggest that the vast majority of reported threats are either not being thoroughly investigated or are failing to meet the threshold for prosecution.

Challenges in Prosecuting Threats

One of the primary obstacles facing the DOJ’s task force is the delicate balance between protecting election workers and respecting First Amendment rights. Many of the communications directed at election officials, while potentially offensive or intimidating, are protected by the Constitution and cannot be prosecuted. This legal nuance complicates the DOJ’s efforts to take action against those who threaten election workers.

“A ‘vast majority’ of the communications directed at election officials, however offensive, are protected by the First Amendment and cannot be prosecuted.” – then-Assistant Attorney General Polite

The situation is further complicated by a 2023 Supreme Court decision that refined the standard for what constitutes a “true threat.” This ruling has made it even more challenging for prosecutors to distinguish between protected speech and genuine threats that warrant legal action.

Impact on Election Officials

The persistent threat environment has taken a toll on election officials across the country. Many report feeling unsupported and disillusioned in the face of ongoing harassment and intimidation. The statistics paint a grim picture: 40% of local election officials reported receiving threats in 2024, with an alarming 45% of these threats going unreported. This underreporting suggests a growing lack of faith in the system’s ability to protect those who serve on the front lines of our democracy.

“I will reiterate again today, these cases are a warning if you threaten to harm or kill an election worker or official or volunteer, the Justice Department will find you and we will hold you accountable.” – Attorney General Merrick Garland

Despite strong words from Attorney General Merrick Garland, the gap between rhetoric and results has left many election workers feeling vulnerable and questioning the effectiveness of the DOJ’s efforts.

New Measures: Deploying District Election Officers

In response to the ongoing challenges, the DOJ has announced the deployment of District Election Officers (DEOs) nationwide. These officers will work in coordination with the Election Threats Task Force to address threats and ensure election integrity. The DEOs are tasked with overseeing Election Day complaints related to voting rights and election fraud, serving as local contact points for reporting federal election law violations.

“A threat to any election official, worker, or volunteer is, at bottom, a threat to democracy.” – Deputy Attorney General Lisa Monaco

While this new initiative demonstrates the DOJ’s continued commitment to addressing the issue, it remains to be seen whether it will significantly improve the current situation. The effectiveness of these officers will likely depend on their ability to navigate the complex legal landscape surrounding threats and their capacity to provide tangible support to election workers on the ground.

As the nation moves forward, the success of these efforts will be crucial in maintaining the integrity of our electoral process and ensuring that those who administer our elections can do so without fear of intimidation or harm.

Sources:

  1. U.S. election workers get little help from law enforcement as terror threats mount
  2. DOJ task force, formed in 2021 to fight election threats, has brought only 20 cases
  3. Justice Department Deploys Elections Officer Task Force to Combat ‘Dangerous Increase in Violent Threats