One of the bedrock principles of holding an election is that it is run on a nonpartisan, impartial basis. As it stands, that’s true for all advanced democracies except the United States. One reason is that our Constitution gave away most election administration to the states without establishing any national standards for impartiality. Since 2020, six states—Alabama, Arizona, Florida, Georgia, Kentucky, and Oklahoma—have passed new laws that open the door to partisan interference in elections and/or threaten the people and processes that make elections work.
Impartial election administration does still occur in practice. In the 2020 election, we saw top election officials resist outside pressure to change the final count, and the state electors were certified to decide the presidential election. Fortunately, these officials followed nonpartisan principles, drawing on their professional commitment to impartiality based on their understanding of the oath they took to uphold their state constitution. But nowhere are there national standards for impartiality built into the administrative design.
Today, in most states, the position of chief election official is held by the secretary of state, who is elected and takes office aligned with a political party. Recently, partisanship has been on the rise. In 2020, the Election Reformers Network and the Campaign Legal Center issued a report, “Guardrails for the Guardians,” that found since 2000:
Ten states have nonpartisan election boards or commissions to run elections. A step forward, though done largely to balance the interests of the two major parties.
The Election Reformers Network, made up of past election administrators, recommends that states:
Impartial election administration doesn’t guarantee confidence in fair elections. But keeping elections under partisan control will guarantee that the public’s declining trust in voting and elections will continue. Election administrators held the line in 2020; 2022 will be the next test.