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Home Layman Litigation

Election Security and Cybersecurity Laws: Protecting the Integrity of the 2024 Election

by Pradumn
October 11, 2024
in Cybersecurity Law, Election Law, Layman Litigation
Reading Time: 10 mins read
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Election Security and Cybersecurity Laws: Protecting the Integrity of the 2024 Election
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As the 2024 U.S. presidential election draws near, concerns about election security and the integrity of the voting process are once again at the forefront of national discourse. The digitalization of the electoral system, combined with threats from foreign and domestic actors, has made protecting elections more complex than ever. The U.S. government, state election officials, and cybersecurity experts are working tirelessly to safeguard the democratic process from interference, manipulation, and cyberattacks.

This article explores the key cybersecurity laws and measures in place to ensure the security of the 2024 election, as well as the challenges that remain in protecting one of the most critical elements of American democracy.

  1. The Growing Importance of Election Security

Election security refers to the protection of the entire electoral process, from voter registration and ballot casting to vote counting and result certification. In an era where technology is heavily integrated into elections—whether through electronic voting machines, online voter registration, or digital databases—the vulnerabilities to cyberattacks have increased.

Key concerns include:

  • Foreign Interference: In the 2016 and 2020 U.S. elections, investigations revealed that foreign actors, notably Russia, attempted to interfere by hacking voting systems and disseminating disinformation. Although there was no evidence that vote tallies were changed, the risk of future interference remains high.
  • Cyberattacks on Election Infrastructure: Election infrastructure, including voter databases, polling systems, and electronic voting machines, has become a target for hackers. A successful attack on any part of this infrastructure could undermine voter confidence in the integrity of the election.
  • Disinformation and Misinformation: Cybersecurity is not just about protecting infrastructure. Disinformation campaigns designed to mislead voters and sow distrust in the electoral process have become a major threat to democratic institutions.
  1. Key Cybersecurity Laws Protecting Election Integrity

To address the growing threats to election security, the U.S. government has enacted various cybersecurity laws and regulations aimed at protecting the electoral process from interference and hacking.

  • The Help America Vote Act (HAVA): Enacted in 2002 in response to the 2000 presidential election controversy, HAVA aims to improve the administration of elections. It provides federal funding to help states upgrade voting equipment and enhance election security. In recent years, HAVA has been used to allocate resources for cybersecurity training, risk assessments, and securing election systems.
  • The Cybersecurity and Infrastructure Security Agency (CISA): Established in 2018 as part of the Department of Homeland Security (DHS), CISA is responsible for overseeing the protection of U.S. infrastructure, including election infrastructure. CISA has worked with state and local governments to ensure that voting systems are secure by providing technical assistance, conducting cybersecurity audits, and offering guidance on securing election technology. CISA has declared U.S. elections as critical infrastructure, which means they receive heightened attention and security measures.
  • Election Assistance Commission (EAC): The EAC works alongside CISA to develop voluntary guidelines for election security, including testing and certification of voting machines and software. The EAC also helps to distribute federal funds to states for upgrading election systems and implementing cybersecurity best practices.
  • Foreign Interference Laws: Following the revelations of foreign interference in the 2016 election, new laws and sanctions have been implemented to deter foreign actors from meddling in U.S. elections. Executive Orders, such as the one signed by President Trump in 2018, allow for sanctions to be imposed on foreign entities found to be interfering in U.S. elections. These laws help safeguard against cyberattacks, disinformation, and other forms of interference.
  1. Election Security Measures for 2024

The 2024 election has prompted significant advancements in election security, driven by lessons learned from previous election cycles. Below are some of the key security measures being implemented:

  • Paper Ballot Backup: One of the most effective methods to ensure the integrity of electronic voting systems is to have a paper ballot backup. In 2024, many states have adopted systems that produce a paper trail for every electronic vote cast, ensuring that votes can be audited and verified in the event of a cyberattack or malfunction.
  • Risk-Limiting Audits (RLAs): RLAs are post-election audits designed to ensure that the reported election outcomes are accurate. They involve manually reviewing a random sample of paper ballots and comparing them to the electronic results. More states are adopting RLAs for the 2024 election, as they provide a robust method for detecting and correcting errors or tampering.
  • Multi-Factor Authentication (MFA) and Encryption: Election officials have increased the use of multi-factor authentication and encryption for access to voter databases, voting machines, and election management systems. These cybersecurity measures ensure that only authorized individuals can access sensitive systems and data, protecting against hacking attempts.
  • State and Local Collaboration with CISA: In the run-up to the 2024 election, CISA has intensified its collaboration with state and local governments to conduct cybersecurity training, share intelligence on emerging threats, and implement security protocols. This collaboration helps ensure that election officials at all levels are prepared to deal with cyber threats.
  • Voter Registration Database Protection: In previous elections, voter registration databases have been targeted by hackers seeking to disrupt the electoral process. For the 2024 election, states have enhanced the security of these databases by implementing encryption, securing access controls, and performing regular vulnerability assessments. CISA has also provided technical assistance to ensure the integrity of voter registration systems.
  1. Challenges to Election Security in 2024

While significant progress has been made in securing elections, several challenges remain. As cybersecurity threats evolve, election officials must continuously adapt to new risks. Some of the main challenges for 2024 include:

  • Outdated Voting Machines: Despite federal funding to upgrade voting equipment, many states still use outdated electronic voting machines that are vulnerable to cyberattacks. In particular, machines without paper trails or those that rely on obsolete software present significant security risks. Efforts to replace outdated equipment have been hampered by budget constraints and logistical challenges.
  • Misinformation and Disinformation: Beyond direct cyberattacks, disinformation campaigns remain a major concern for election security in 2024. These campaigns, often orchestrated by foreign actors, aim to undermine public confidence in the electoral process by spreading false information about voting procedures, election results, or candidate legitimacy. Combating this challenge requires a concerted effort by social media platforms, government agencies, and the public to identify and debunk false information.
  • Threats to Local Election Offices: Local election offices often have fewer resources and less technical expertise than state or federal offices, making them more vulnerable to cyberattacks. In 2024, securing these local offices is a priority, but the decentralized nature of U.S. elections means that some offices may still face significant security gaps.
  • Cybersecurity Expertise Gap: Many state and local election offices struggle with a lack of trained cybersecurity personnel. Although CISA and other federal agencies provide assistance, there is still a shortage of cybersecurity experts who can help secure election infrastructure. This gap could leave some jurisdictions more vulnerable to cyberattacks.
  1. Voter Confidence and the Role of Transparency

One of the most critical components of election security is ensuring that voters have confidence in the integrity of the process. Transparency plays a key role in building trust, and election officials must communicate openly with the public about the steps being taken to secure elections.

  • Public Awareness Campaigns: In 2024, election officials are using public awareness campaigns to educate voters about how their votes are protected. These campaigns emphasize the security measures in place, such as paper ballot backups, audits, and cybersecurity protocols, to reassure the public that their votes will be accurately counted.
  • Real-Time Monitoring and Response: Election officials are working with cybersecurity experts to monitor election systems in real-time for signs of cyberattacks or interference. In the event of an attack, these officials can respond quickly to mitigate the impact and ensure that any disruption is contained.
  • Post-Election Audits and Recounts: The use of post-election audits, particularly risk-limiting audits, helps ensure that election results are accurate. By verifying the results through manual checks, election officials can address any concerns about the accuracy of electronic voting systems. Additionally, states have clear procedures for recounts if election results are contested.

As the 2024 election approaches, the integrity of the electoral process is more important than ever. Protecting elections from cyber threats, foreign interference, and misinformation requires a coordinated effort from federal, state, and local officials, as well as private cybersecurity experts. With the implementation of new cybersecurity laws, paper ballot backups, and robust auditing practices, significant strides have been made to safeguard the democratic process.

While challenges remain, particularly with outdated equipment and the spread of disinformation, voters can have confidence that the U.S. government is working diligently to protect the 2024 election. As voters, staying informed about the security measures in place and understanding the threats to the electoral process is essential to participating in a safe and fair election.

Subscribe to our newsletters and the “Layman Litigation” monthly magazine for more such updates.

Tags: 2024 ElectionCISAcyber threatscybersecurity challengescybersecurity lawdisinformationelection auditselection infrastructureelection integrityelection monitoringElection Securityelection transparencyforeign interferenceHAVAmulti-factor authenticationoutdated voting machinespublic awareness campaignsvoter confidencevoter registration securityvoting process
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