Maryland’s Protecting Election Officials Act of 2024
October 31, 2024
By: Shannon Roy
Since the 2020 election, there has been a concerning rise in threats and harassment against election workers. Nearly 40 percent of election workers in a recent Brennan Center study noted experiencing such threats on the job. Over half fear for the safety of their colleagues, and a quarter fear for the safety of their families. This is a troubling precedent in American politics. The Department of Homeland Security has warned of potential violence before the 2024 election, particularly the threat of violence against poll workers and election officials at the local level. Many of these jurisdictions have struggled to find the funds to provide adequate security and training, and since much of the threats are done anonymously by phone, email, or social media, it is difficult to track and identify the perpetrators.
These threats are not always just threats- the January 6th attack in 2021, the shooting of Representative Steve Scalise in 2017, and the assault on the husband of Nancy Pelosi are just some of the examples where political violence has spewed from the page or screen and into the political landscape. Threats against election officials are a genuine threat to our free and fair democracy, leading to a climate of fear and mistrust and increasingly toxic levels of polarization in political discourse. Election officials in communities of color are also disproportionately affected by a culture of threats, intimidation, and harassment, particularly in large cities where claims of “voter fraud” are the most salient.
Despite these difficulties, many local election officials have introduced some precautions to protect both their workers and to prevent disruptions to the electoral process. However, many election officials argue that they need more resources to combat these threats and a better deterrent mechanism against perpetrators. The DOJ has taken steps to investigate and prosecute those who have threatened election officials, but due to free speech concerns, it has not been easy. There must be a “serious expression that a speaker means to commit an act of violence,” or an actual threat of some kind that can be backed up by actual force. While the DOJ has committed to investigating every allegation of threats against poll workers and have created a task force and tip hotline, it is inevitable that many of these will fall under non-actionable categories and face little repercussion from federal authorities.
On the state level, some have made moves to fill in the gaps left by federal enforcement. In Maryland, the Protecting Election Officials Act of 2024 sought to create a new misdemeanor charge for threatening election officials. The bill, which had near unanimous bipartisan support, makes threatening an election official punishable by up to three years in prison and a fine of up to $2,500. It prohibits “knowingly or willfully making a threat to harm an election official because of the election official’s role in administering the election process.” It includes threats against the person of the election official, as well as threats against their family members, with “harms” including both serious injury and serious emotional distress. It includes verbal threats, such as those made over the phone or in person, as well as threats made online or in writing. The bill quickly passed both chambers of the assembly and was signed into law by Governor Wes Moore on April 9th, 2024.
Maryland is not alone in this endeavor- many other states have followed suit, with 20 states passing similar bills since 2022, and 21 more introducing legislation to supplement existing protections. In Maryland, time will tell how and whether prosecutors will wield their new powers in combating abuse of election officials, and with the 2024 election less than two months away, they will surely have their work cut out for them. There is reason to hope, particularly after the passing of the Protecting Election Officials Act, that more will be done to protect vulnerable election officials from abuse and to preserve the sanctity of our democratic process.