February 24, 2017

States Form Election Cybersecurity Task Force, Call on Federal Government to Rescind "Critical Infrastructure" Designation for Elections

WASHINGTON, DC - The National Association of Secretaries of State (NASS), which represents chief state election officials, announces the formation of a NASS Election Cybersecurity Task Force and the adoption of a bipartisan resolution opposing the U.S. Department of Homeland Security's January 2017 classification of election infrastructure as "critical infrastructure."

"The focus of state election officials has shifted to preparations for the next election cycle, yet there are many unanswered questions to be addressed by this designation, which was made without sufficient state consultation or analysis," noted NASS President Denise W. Merrill, Connecticut Secretary of the State.

"We are calling on the new administration to rescind the critical infrastructure label for elections and return to the process that has been in place for more than 200 years to provide national security support for our highly-decentralized, low-connectivity electoral system. In the meantime, states will be working together to step up their preparedness against future cyber threats."

The NASS Election Cybersecurity Task Force was created to advance collaboration on the unique priorities and challenges that exist regarding cybersecurity and elections. In addition to helping states share information and combat threats, the body is tasked with providing guidance on NASS efforts and fostering effective partnerships with public/private stakeholders, including DHS and other federal government entities.

NASS President Denise Merrill (Connecticut) and NASS President-elect Connie Lawson (Indiana) will co-chair the task force, which was established on February 18, 2017 at the annual NASS winter meeting in Washington, DC.

The NASS Resolution Opposing the Designation of Elections as Critical Infrastructure was adopted by a voice vote on February 18 during the same meeting.

For more information, check out these additional resources:

·        NASS Cybersecurity and Elections Resource Page

·        NASS Statement on Critical Infrastructure Designation for Elections

·        NASS Emergency Preparedness for Elections Initiative

NASS Resolution Opposing the Designation of Elections as Critical Infrastructure

WHEREAS, the United States Constitution recognizes the authority of the legislatures of each State to regulate the times, places, and manner of holding federal elections; and

WHEREAS, the election infrastructure of the United States is utilized to conduct federal, state, and local elections alike; and

WHEREAS, on January 6, 2017, U.S. Homeland Security Secretary Jeh Johnson announced that he had designated election infrastructure as a subsector of the existing Government Facilities critical infrastructure sector; and

WHEREAS, Secretary Johnson’s scope of the designation of elections as critical infrastructure includes physical elements, such as “storage facilities, polling places, and centralized vote tabulations locations,” to which cybersecurity issues do not apply, “voter registration databases,” of which redundant copies are separately stored, and “other systems to manage the election process and report and display results,” which are not critical to the determination of official certified election results; and

WHEREAS, Section 1016(e) of the USA Patriot Act of 2001 (42 USC § 5195c(e), the “Critical Infrastructure Protection Act”) defines critical infrastructure as, “systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters[,]”; and

WHEREAS, the election infrastructure in the United States is highly decentralized and constitutionally under the purview and control of the states and their local jurisdictions; and

WHEREAS, the opposition to designating elections as critical infrastructure is bipartisan, as evidenced by a September 28, 2016, letter signed by Paul D. Ryan, Speaker of the United States House of Representatives, Nancy Pelosi, Democratic Leader of the United States House of Representatives, Mitch McConnell, Majority Leader of the United States Senate, and Harry Reid, Democratic Leader of the United States Senate, stating, “we would oppose any effort by the federal government to exercise any degree of control over the states’ administration of elections by designating these systems as critical infrastructure[,]”; and

WHEREAS, Secretary Johnson stated that he would not designate elections as critical infrastructure without a thorough discussion with members of this body; and

WHEREAS, questions submitted by numerous members of this body and other election officials remain unanswered; and

WHEREAS, numerous members of this body and other federal, state, and local election officials have publicly opposed the designation of elections as critical infrastructure; and

WHEREAS, several states have discovered attempted intrusions by the Department of Homeland Security under former Secretary Johnson, which need to be thoroughly investigated by the Department of Homeland Security’s Inspector General, including regarding such attempted intrusions to the designation process; and

WHEREAS, on February 7, 2017, current U.S. Homeland Security Secretary John F. Kelly indicated during testimony before the U.S. House of Representatives’ Homeland Security Committee that he intends to uphold the former secretary’s designation of elections as critical infrastructure, and;

WHEREAS, the U.S. Department of Homeland Security has no authority to interfere with elections, even in the name of national security;

NOW THEREFORE BE IT RESOLVED that the National Association of Secretaries of State (NASS) opposes the designation of elections as critical infrastructure.

Adopted the 18th day of February 2017 in Washington, DC

EXPIRES: Winter 2022