An open letter to State Governors & Legislatures

Protect State Election Infrastructure and Prosecute Federal Corruption

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I am writing to urge you to use your state authority to protect election infrastructure and prosecute federal corruption that threatens free and fair elections in 2026. The systematic dismantling of federal election protections requires immediate state-level action. Since January 2025, the Cybersecurity and Infrastructure Security Agency has lost roughly one-third of its workforce. The Trump administration terminated funding for the Election Infrastructure Information Sharing and Analysis Center. The proposed 2026 budget would eliminate CISA's Election Security Program entirely, zeroing out 14 positions and $39.6 million. The DOJ Civil Rights Division has lost roughly 70% of its attorneys, and the FBI's Foreign Influence Task Force has been disbanded. A 2025 Brennan Center survey found 60% of local election officials are concerned about federal cuts to election security, and 21% are unlikely to continue serving through the 2026 midterms. You have critical powers that do not require legislative approval. As governor or attorney general, you can direct state election security resources, issue executive orders protecting election infrastructure, and refuse unconstitutional federal demands. Under the dual sovereignty doctrine established in Gamble v. United States, you can investigate and prosecute federal corruption under state law, and these prosecutions are immune from presidential pardon. I am asking you to take three specific actions: First, allocate state resources to replace eliminated federal election security funding. Second, direct your office to investigate and prosecute any federal officials who interfere with state election administration. Third, issue public guidance to local election officials affirming state protection of their work. The internal guardrails that prevented election overturn attempts in 2020 depended on individuals who chose to enforce them. Former DOJ official David Becker stated that line of defense is largely gone. State officials must now serve as the primary defense of election integrity. I need to know you will use every tool available to protect our right to free and fair elections.

▶ Created on February 16 by States ask for townhalls

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