EPIC Obtains Docs about Critical Infrastructure Designation for Election Systems

November 18, 2019

In a FOIA lawsuit, EPIC has obtained an original draft of the proposal by former DHS Secretary Jeh Johnson to designate state election systems as critical infrastructure. Released in a set of previously withheld documents, the draft memo states "[g]iven the vital role elections play in this country, certain systems and assets of election infrastructure meet the statutory definition of critical infrastructure in fact and in law." The DHS policy was announced on January 6, 2017, the same day the ODNI found extensive Russian interference in the 2016 Presidential election. EPIC later litigated for the release of the complete ODNI report, which found that Russian intelligence services had "obtained and maintained access to elements of multiple U.S. state or local electoral boards." EPIC also obtained from DHS documents about the background and implementation of the critical infrastructure designation. Other documents released as a result of EPIC's suit show the DHS continued to encourage state efforts in election security by making federal resources available on a voluntary basis. The case is EPIC v. DHS, No. 17-2047.

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