DOJ’s Task Force On Election Intimidation Effectiveness Questioned

Department of Justice seal on American flag background.

DOJ’s Election Threats Task Force struggles to effectively combat rising threats against election workers, despite Attorney General Merrick Garland’s commitment.

At a Glance

  • DOJ task force has charged only 20 people out of 2,000 reported threats since 2021
  • Only 100 investigations opened and 15 convictions achieved, raising concerns about effectiveness
  • 40% of local election officials reported threats in 2024, with 45% of threats going unreported
  • First Amendment protections and recent Supreme Court decision complicate prosecution efforts
  • DOJ deploys District Election Officers nationwide to address threats and ensure election integrity

Task Force’s Limited Success Raises Concerns

The Department of Justice’s Election Threats Task Force, established in 2021 under Attorney General Merrick Garland, is facing scrutiny for its limited success in combating threats against election workers. Despite the increasing number of threats reported, the task force has only managed to charge 20 individuals out of 2,000 reported cases. This low prosecution rate has raised questions about the effectiveness of the DOJ’s efforts to protect election integrity and those responsible for administering it.

The task force’s performance has been particularly concerning given the rising tide of threats against election officials. In 2024, a staggering 40% of local election officials reported receiving threats, indicating a persistent and growing problem. Even more alarming is the fact that 45% of threats go unreported, suggesting a loss of faith in the reporting process among election workers.

Challenges in Prosecution and First Amendment Concerns

One of the primary obstacles facing the DOJ’s task force is the difficulty in distinguishing between protected speech and genuine threats. The First Amendment protects a wide range of communications, even those that may be offensive or disturbing. This constitutional safeguard has made it challenging for prosecutors to build cases against individuals who make threatening statements towards 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 Kenneth Polite.

Further complicating matters, a 2023 Supreme Court decision has raised the bar for what constitutes “true threat,” making it even more difficult for prosecutors to secure convictions. This legal hurdle has led to frustration among election officials who continue to face harassment and intimidation with little recourse.

DOJ’s Response and Ongoing Efforts

In response to these challenges, the DOJ has announced the deployment of District Election Officers (DEOs) across the country. These officers will work in coordination with the Election Threats Task Force to address threats and ensure the integrity of the electoral process. The move is part of the DOJ’s Election Day Program, which aims to bolster public confidence in the electoral system and provide local points of contact for reporting federal election law violations.

“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,” said Attorney General Merrick Garland.

Despite these efforts, many election officials report feeling unsupported and disillusioned due to ongoing threats and harassment. The DOJ has engaged with election workers through meetings and training sessions, but calls for more decisive action persist. A group of senators has even requested more information on the task force’s progress, seeking clarity on investigations and prosecutions.

Looking Ahead: Challenges and Expectations

As the 2024 election approaches, the DOJ’s Election Threats Task Force faces mounting pressure to improve its effectiveness in protecting election workers and maintaining the integrity of the democratic process. While the deployment of District Election Officers represents a step forward, questions remain about whether these measures will be sufficient to address the dangerous increase in violent threats against those who administer our elections.

The coming months will be critical in determining whether the DOJ can overcome the legal and practical challenges it faces in prosecuting those who threaten election workers. The success or failure of these efforts may have far-reaching implications for the safety of election officials and the overall health of American democracy.

Sources:

  1. https://www.reuters.com/investigates/special-report/usa-election-threats-law-enforcement/
  2. https://abcnews.go.com/US/doj-task-force-formed-2021-fight-election-threats/story?id=113355654
  3. https://www.breitbart.com/2024-election/2024/10/21/justice-department-deploys-elections-officer-task-force-combat-dangerous-increase-violent-threats/