Election Protection

Free and fair elections are the foundation of democracy. Learn about constitutional safeguards, your rights, and how to protect every vote.

Can Elections Be Cancelled?

The Clear Constitutional Answer

The President cannot cancel, postpone, or reschedule federal elections. This is not a matter of debate among constitutional scholars.

Key Facts:

  • 1. Only Congress sets the election date. The Presidential Election Day Act of 1845 established that presidential elections occur on the Tuesday following the first Monday in November. Only Congress can change this through new legislation.
  • 2. The President has no role in election administration. State and local officials administer elections, not federal executive branch officials.
  • 3. Constitutional term limits are absolute. The 20th Amendment states that presidential terms "shall end at noon on the 20th day of January." There is no exception for emergencies.
  • 4. No emergency powers apply. Congress has enacted over 100 statutes identifying special powers presidents may exercise during emergencies, but none include the power to cancel elections.

What Would Be Required to Delay an Election:

  1. Congress would need to pass new legislation amending the 1845 law
  2. The president would need to sign it (or Congress override a veto)
  3. Even then, constitutional limits still apply:
    • House members must be chosen "every second year" (Article I, Section 2)
    • Senators serve six-year terms (17th Amendment)
    • Presidential terms end on January 20 regardless of election timing

Constitutional Framework for Elections

The U.S. Constitution establishes a decentralized election system that distributes authority across multiple branches and levels of government. This structure provides crucial safeguards against any single entity controlling elections.

Article I, Section 4 (Elections Clause)

"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."

Article II, Section 1

Establishes that each state appoints presidential electors "in such Manner as the Legislature thereof may direct."

12th Amendment

Governs the Electoral College process for electing the president and vice president.

14th Amendment

Guarantees equal protection and due process, which courts have applied to voting rights.

15th, 19th, 24th, and 26th Amendments

Prohibit denying voting rights based on race (15th), sex (19th), failure to pay poll taxes (24th), and age for citizens 18 and older (26th).

20th Amendment (Critical)

Establishes that presidential terms end at noon on January 20 following an election, regardless of circumstances. This is automatic and cannot be extended.

Why This Structure Matters:

  • No single point of failure: Over 10,000 local jurisdictions administer elections
  • Multiple checks and balances: State legislatures, governors, courts, and Congress all have defined roles
  • Resistance to federal overreach: The president has no constitutional role in administering elections
  • Legal accountability: Federal and state courts can adjudicate election disputes

Historical Precedents: Elections During Crisis

America Has Never Cancelled a Federal Election

Throughout more than 200 years of American history, federal elections have proceeded despite civil war, pandemics, world wars, and every other crisis.

The Civil War (1864)

  • The presidential election occurred during active combat
  • Abraham Lincoln was reelected while the nation was literally at war with itself
  • States within the Union passed laws enabling soldiers to vote by mail
  • Some predicted Lincoln would cancel elections to retain power; he did not

The Spanish Flu Pandemic (1918)

  • The midterm elections occurred during the deadliest pandemic in American history
  • 675,000 Americans died from the flu
  • The pandemic peaked in October-November 1918, days before Election Day
  • Accommodations were made: single-file lines, mask requirements, dispersed voting
  • There was no discussion of postponement despite the catastrophic death toll

World War II (1944)

  • President Franklin Roosevelt quashed rumors about postponing elections
  • "All these people around town haven't read the Constitution. I have," FDR said
  • The Soldier Voting Act enabled military personnel to vote while deployed overseas
  • Elections proceeded despite global warfare

COVID-19 (2020)

  • Elections proceeded amid a global pandemic
  • States expanded mail voting and early voting options
  • Record turnout was achieved despite the health crisis
  • Demonstrated that elections can adapt to extraordinary circumstances

The historical record is clear: elections can be conducted safely even during existential crises. Claims that emergencies require cancelling elections have no historical support.

What Happens If a President Refuses to Leave Office

The 20th Amendment is Unambiguous:

Presidential and vice presidential terms "shall end at noon on the 20th day of January" following an election year.

At Noon on January 20:

  • The outgoing president becomes a private citizen. Their authority ends automatically, regardless of any claims or disputes.
  • Presidential resources transfer immediately. Air Force One, the Secret Service protective detail (in its presidential capacity), the White House, and all powers of the office transfer to the newly inaugurated president.
  • Military command transfers. The new president becomes Commander-in-Chief upon taking the oath. The outgoing president has no authority to order military action.
  • The transition is automatic. As one former transition official explained: "The transition process is automated... the systematic things will happen whether he's a willing participant or not."

If a President Physically Refuses to Leave:

The Secret Service would remove them. As one former official described: "The Secret Service would escort him off, they would treat him like any old man who'd wandered on the property."

The newly inaugurated president, as the new Commander-in-Chief, would have authority to direct the Secret Service or military to physically remove a trespasser from the White House.

If No President Has Been Chosen by January 20:

  1. The 20th Amendment provides that if the president-elect "shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified"
  2. If neither has qualified, statutory succession begins with the Speaker of the House
  3. There is no provision allowing an outgoing president to remain in office

The Electoral Count Reform Act of 2022

Following the events of January 6, 2021, Congress passed the Electoral Count Reform and Presidential Transition Improvement Act of 2022 (ECRA) to close loopholes in the 1887 Electoral Count Act. The law passed with strong bipartisan support: 68 senators voted for the bill (48 Democrats, 2 Independents, 18 Republicans).

1. Clarifies the Vice President's Role

The law explicitly states that the vice president's role in counting Electoral College votes is purely ceremonial. The vice president cannot "solely determine, accept, reject or otherwise adjudicate or resolve disputes over the proper certificate of ascertainment of appointment of electors."

2. Strengthens Governor Certification Authority

  • State governors (or another pre-designated state executive) are required to certify electors no later than six days before the Electoral College meets
  • Certificates issued by governors "shall be treated as conclusive in Congress"
  • This prevents state legislatures from submitting alternative slates of electors after Election Day

3. Raises Objection Thresholds

Objecting to electoral votes now requires one-fifth of members of both the House and Senate. Under the old law, only one member from each chamber was required. This makes frivolous objections much harder to sustain.

4. Prevents Post-Election Rule Changes

  • States must appoint electors according to laws enacted before Election Day
  • Modifications to voting periods are only permitted for "extraordinary and catastrophic" events
  • Any such modifications must follow laws passed before voting began

5. Establishes Expedited Judicial Review

  • Election disputes go to federal district courts in state capitals
  • Cases are heard by three-judge panels (two circuit judges, one district judge)
  • Appeals go directly to the Supreme Court on an expedited basis

Threats to Watch For

Foreign Interference

Active Threat Actors: Russia (identified as the "most committed and capable threat"), China (increasingly active in influence operations), and Iran (has conducted operations targeting U.S. elections).

Tactics Used:

  • Creating inauthentic news websites mimicking legitimate media
  • Paying social media influencers to spread content
  • Using AI-generated content to create deepfakes and disinformation
  • Sending hoax bomb threats to polling locations
  • Creating false videos alleging election fraud

Domestic Disinformation

Common False Narratives:

  • Claims of widespread non-citizen voting (no evidence supports this)
  • Allegations of voting machine manipulation
  • False claims about mail ballot fraud
  • Manufactured "whistleblower" videos
  • AI-generated content designed to suppress voter turnout

Election Subversion Attempts

Since 2020, state legislatures have introduced over 600 bills that could expose elections to partisan manipulation. Sixty-two have become law in 28 states.

  • Bills giving legislators direct control over election outcomes
  • Bills requiring partisan "audits" that cast doubt on legitimate results
  • Bills shifting administration from nonpartisan officials to partisan actors
  • Bills attempting to empower legislatures to override voter choices

Note: Certification is a mandatory, ministerial duty under state law. Courts have consistently ruled that officials cannot refuse to certify.

Voter Suppression

Watch for:

  • Last-minute changes to voting locations or hours
  • Aggressive voter roll purges
  • Strict ID requirements that disproportionately affect certain communities
  • Reduced polling locations in certain areas
  • Intimidation at polling places
  • Misinformation about voting requirements or dates

Election Worker Intimidation

One in three election officials report feeling unsafe because of their job. Nearly one in five list threats to their lives as a job-related concern. Fifteen states have passed reforms since 2022 to protect election workers.

Your Rights as a Voter

Know Your Voting Rights

Every eligible citizen has the right to vote and have their vote counted. If you face problems voting, you have options. Don't leave without casting a ballot.

Right to Cast a Ballot

If you're in line when polls close, you have the right to vote. Stay in line. If there are problems with your registration, you can cast a provisional ballot.

Right to Assistance

If you need help due to disability or language barriers, you can bring someone to help you (except your employer or union representative in most states).

Right to a Secret Ballot

No one can require you to show your ballot or tell them how you voted. Your vote is private.

Right to Report Problems

If you experience or witness voter intimidation, long lines, or other problems, you can report them to election protection hotlines.

How to Become an Election Worker or Observer

Why Election Workers Matter

Poll workers are democracy's frontline workers. They check in voters, verify eligibility, operate voting equipment, answer questions, troubleshoot problems, and ensure orderly, fair elections. The country faces a poll worker shortage - your participation directly strengthens democratic institutions.

General Requirements

Requirements vary by state but typically include:

  • U.S. citizenship
  • Voter registration in the state (sometimes the specific county)
  • Age requirement (usually 18, though some states allow 16-17 year olds)
  • Completion of required training
  • No felony convictions (varies by state)
  • In some states, party affiliation requirements for balance

How to Sign Up

  • Contact your local election office directly - County clerk, board of elections, or registrar of voters
  • Visit the U.S. Election Assistance Commission - eac.gov/voters/become-poll-worker
  • Apply through Power the Polls - powerthepolls.org - A nonpartisan initiative to recruit poll workers

Election Observers

Many states allow official poll watchers or election observers. Rules vary by state:

  • Observers must typically be appointed by a political party or candidate
  • They must remain in designated observation areas
  • They cannot interact with voters unless requested
  • They cannot interfere with election operations
  • Observers who cause disturbances can be removed

Election Protection Organizations

Election Protection Coalition / 866-OUR-VOTE

Run by the Lawyers' Committee for Civil Rights Under Law. Network of 200+ national, state, and local partners with over 100 participating law firms. Assists over 100,000 voters each election cycle.

866ourvote.org

Brennan Center for Justice

Nonpartisan law and policy organization at NYU Law. Leading research on election security, voting rights, and democracy.

brennancenter.org

Campaign Legal Center

Nonpartisan nonprofit focused on campaign finance and voting rights. Engages in litigation and advocacy.

campaignlegal.org

League of Women Voters

Nearly 800 local and state leagues nationwide. Runs VOTE411.org voter information platform. Provides election information in multiple languages.

lwv.org

Common Cause

Nonpartisan citizen advocacy group. Works on voting rights, redistricting, and election security. Active in all 50 states.

commoncause.org

ACLU Voting Rights Project

Has litigated over 300 voting rights cases since 1965. Challenges unconstitutional voting restrictions.

aclu.org/issues/voting-rights

Protect Democracy

Nonpartisan organization preventing democratic decline. Publishes guides on election subversion threats and tracks legislation affecting election integrity.

protectdemocracy.org

VoteRiders

Helps voters obtain required ID. National Voter ID Hotline: 844-338-8743

voteriders.org

Emergency Hotlines

Election Protection Hotlines:

  • 866-OUR-VOTE (866-687-8683) - English
  • 888-VE-Y-VOTA (888-839-8682) - Spanish
  • 888-API-VOTE (888-274-8683) - Asian languages (Chinese, Vietnamese, Korean, Bengali, Hindi, Urdu, Tagalog)
  • 844-YALLA-US (844-925-5287) - Arabic
  • 301-818-VOTE (301-818-8683) - ASL Video

Voter ID Help:

VoteRiders: 844-338-8743

What to Report:

  • Voter intimidation or harassment
  • Being turned away despite being registered
  • Excessively long wait times (over 30 minutes)
  • Broken voting machines
  • Misinformation being given to voters
  • Campaigning inside the polling place
  • Lack of language assistance or accessibility

If You Witness Voter Intimidation or Threats:

  1. Document what you observe (if safe to do so)
  2. Report to poll workers and request they address the situation
  3. Call 866-OUR-VOTE for legal assistance
  4. Contact local law enforcement if there's an immediate safety threat
  5. Report to the FBI for federal election crimes: tips.fbi.gov or 1-800-CALL-FBI

State-by-State Election Office Contacts

Contact your state's election office for voter registration, polling locations, and election information.

State Website Phone
Alabamasos.alabama.gov(334) 242-7210
Alaskaelections.alaska.gov(907) 465-4611
Arizonaazsos.gov/elections(602) 542-4285
Arkansassos.arkansas.gov(501) 682-1010
Californiasos.ca.gov/elections(800) 345-VOTE
Coloradosos.state.co.us/pubs/elections(303) 894-2200
Connecticutportal.ct.gov/sots(860) 509-6100
Delawareelections.delaware.gov(302) 739-4277
Floridados.fl.gov/elections(850) 245-6200
Georgiasos.ga.gov/elections(404) 656-2881
Hawaiielections.hawaii.gov(808) 453-8683
Idahosos.idaho.gov/elect(208) 334-2852
Illinoiselections.il.gov(217) 782-4141
Indianain.gov/sos/elections(317) 232-6531
Iowasos.iowa.gov/elections(515) 281-0145
Kansassos.ks.gov/elections(785) 296-4561
Kentuckyelect.ky.gov(502) 564-3490
Louisianasos.la.gov/ElectionsAndVoting(225) 922-0900
Mainemaine.gov/sos/cec/elec(207) 624-7736
Marylandelections.maryland.gov(410) 269-2840
Massachusettssec.state.ma.us/ele(617) 727-2828
Michiganmichigan.gov/sos/elections(517) 335-3234
Minnesotasos.state.mn.us/elections-voting(651) 215-1440
Mississippisos.ms.gov/elections(601) 359-1350
Missourisos.mo.gov/elections(573) 751-2301
Montanasosmt.gov/elections(406) 444-2034
Nebraskasos.nebraska.gov/elections(402) 471-2555
Nevadanvsos.gov/sos/elections(775) 684-5705
New Hampshiresos.nh.gov/elections(603) 271-3242
New Jerseystate.nj.us/state/elections(877) NJ-VOTER
New Mexicosos.state.nm.us/voting-and-elections(505) 827-3600
New Yorkelections.ny.gov(518) 473-5086
North Carolinancsbe.gov(919) 814-0700
North Dakotasos.nd.gov/elections(800) 352-0867
Ohioohiosos.gov/elections-voting(877) 767-6446
Oklahomaok.gov/elections(405) 521-2391
Oregonsos.oregon.gov/voting(503) 986-1518
Pennsylvaniavote.pa.gov(717) 787-5280
Rhode Islandelections.ri.gov(401) 222-2345
South Carolinascvotes.gov(803) 734-9060
South Dakotasdsos.gov/elections-voting(605) 773-3537
Tennesseesos.tn.gov/elections(877) 850-4959
Texassos.state.tx.us/elections(800) 252-8683
Utahvote.utah.gov(801) 538-1041
Vermontsos.vermont.gov/elections(802) 828-2363
Virginiaelections.virginia.gov(804) 864-8901
Washingtonsos.wa.gov/elections(360) 902-4180
West Virginiasos.wv.gov/elections(304) 558-6000
Wisconsinelections.wi.gov(608) 266-8005
Wyomingsos.wyo.gov/elections(307) 777-5860
Washington, DCdcboe.org(202) 727-2525

Before Election Day

Verify Your Registration

Check your registration status well before the election. Note your polling place and hours. Some states have moved to vote centers - know your options.

Check your registration

Know ID Requirements

ID requirements vary by state. Know what's required in your state and have it ready. If you don't have the required ID, know your provisional ballot rights.

Check your state's requirements

Make a Voting Plan

Decide when you'll vote, how you'll get there, and who you'll bring. People who make specific plans are more likely to vote.

Understand Your Options

Know your state's early voting and absentee/mail voting options. Many states allow no-excuse absentee voting.

Additional Resources

Key Takeaways

1

Elections cannot be unilaterally cancelled. The president has no constitutional authority to stop federal elections.

2

The system is decentralized by design. Over 10,000 local jurisdictions administer elections, making nationwide manipulation extremely difficult.

3

Historical precedent is clear. America has held elections during civil war, pandemic, world wars, and every other crisis in its history.

4

Legal safeguards exist. The Electoral Count Reform Act, state laws, and constitutional provisions provide multiple layers of protection.

5

Citizen engagement matters. Becoming a poll worker, observing elections, supporting election protection organizations, and staying informed are all ways to strengthen democratic institutions.

6

Help is available. Election protection hotlines, legal organizations, and state officials are resources for voters facing problems.