Protecting Election Materials from Federal Interference

This memo contains policy recommendations for states to strengthen protection against the access, removal, or examination of election materials and equipment for illegitimate purposes. These recommendations include: 1) Prohibiting ballots and election equipment from being removed from an election official’s custody, including during criminal investigations; 2) Creating internal election security procedures to prevent unscrupulous election officials from voluntarily granting others access to election materials; 3) Requiring election officials to promptly notify designated state authorities regarding subpoenas or warrants for election materials; 4) Aligning criminal procedure laws with election custody protections; 5) and Prohibiting unofficial audits and recounts.