Executive Summary
This CRS In Focus report details recent developments in federal agency involvement in U.S. elections policy, including executive orders and litigation. It highlights the roles of various agencies like DHS, DOJ, and DOD in election administration and security. The report also touches on legislative activity and potential policy considerations for Congress.
Why It Matters
This document is relevant for defense and geopolitical analysts as it outlines the federal government's role, including defense and security agencies, in election integrity and security, which is a critical component of national stability and democratic resilience against foreign interference.
Key Takeaways
- Executive Orders 14248 and 14399 have expanded federal agency roles in elections, though their implementation has faced litigation.
Source evidence · PDF page 1
Two executive orders (EOs) issued during the 2026 election cycle specify agency priorities or expanded agency roles regarding elections. Neither EO has been fully implemented; both have been subject to litigation.
- Federal law enforcement, including DHS and DOJ, has been involved in election-related activities, such as investigations into voter fraud and presence at polling places.
Source evidence · PDF page 2
There were some reports of federal law enforcement agents appearing at polling places during 2026 primary elections. DHS Secretary Mullin reportedly stated on September 1, 2026, that agency personnel could respond to polling places for “specific threats” or to serve warrants.
- The FY2026 National Defense Authorization Act (NDAA) includes provisions requiring penetration testing for voting systems, underscoring the national security aspect of election infrastructure.
Source evidence · PDF page 2
A provision in the FY2026 National Defense Authorization Act (NDAA; P.L. 119-60) requires the EAC to provide for penetration testing as part the voting system testing and certification program.
Strategic Relevance
The involvement of federal agencies, including defense and security components, in election policy and security has significant strategic implications for national stability, democratic processes, and resilience against potential foreign interference or domestic challenges to election integrity.