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Who's allowed to enforce election security? The Brennan Center explains.

The Brennan Center for Justice published a concise primer on the use of U.S. troops, other federal employees (including the Justice Department), militias or others to watch polls or oversee voting, the way President Trump has suggested that his "army" of supporters might do.

The bottom line is that in almost all cases, federal laws prohibit the use of troops or agencies like DOJ or the Department of Homeland Security to enforce election security. The president couldn't deploy the National Guard because when they're under federal command, National Guard troops are considered part of the U.S. military.


State and local law enforcement can be used at polling places in very restricted ways, but never under the direction of the president or the federal government. Off-duty police officers, militias or vigilantes are not OK.

The Brennan Center conclusion: "Federal and state laws clearly prohibit any deployment of the military, law enforcement, or vigilantes to the polls to intimidate voters or engage in any operation unrelated to maintaining the peace while elections are being held. The president's suggestions that law enforcement should act inappropriately or that vigilantes will storm the polls are simply designed to discourage voters, particularly voters of color, from voting and to undermine faith in our elections."

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The election went remarkably well. Here's how to make the next one even better.
Jeff Swensen/Getty Images

The election went remarkably well. Here's how to make the next one even better.

We haven't yet seen evidence that would cast doubt on the legitimacy of the 2020 presidential election — even with the unprecedented challenges of a global pandemic, the threat of foreign interference, civil unrest and greater turnout than any time since 1900. That counts as a resounding success.

Once the final tallies are certified, we need to thank the election administrators and poll workers whose heroic efforts preserved American democracy. After that, we need to assess what worked best and what needs to improve, so we can identify achievable steps to make future elections even more secure.

Based on what we know so far, here are five things that should be on the U.S. elections to-do list:

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Distorted U.S. democracy underscores urgency of Electoral College reform

On Dec. 14, the Electoral College will cast its votes. Barring any unforeseen outrage, a majority will vote for Joe Biden, the popular vote winner in the general election, to sighs of relief. Many may conclude the creaky Electoral College works most of the time, and that any fixes are just too hard to worry about.

That would be a mistake.

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Stop the presses, says appeals court, even if that means longer Georgia voting lines
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The three steps to ensure a well-run runoff in Georgia

Hold the champagne: The 2020 Election Season isn't over just yet. Neither of Georgia's Senate races resulted in a victor on Election Day, sending both contests to January runoffs that will likely determine control of the U.S. Senate. And while many folks are understandably focused on the political repercussions of these races, I'm pulling for a different candidate: democracy.

While Georgia will likely conduct a risk-limiting audit and recount of the presidential election later this month, the state appears to have done a good job administering the 2020 presidential election. As a former election administrator and expert on the integrity of elections, my assessment is there is no reason to question the integrity of the election outcome. If any concrete evidence suggesting that wrongful disenfranchisement has or will affect the accuracy of the outcome, that assessment could change. Right now, there isn't.

Regardless, these are three steps Georgia officials could take now to ensure the integrity of the state's runoff elections in January:

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Even if it's not official, Republicans should acknowledge Biden's win

Even if it's not official, Republicans should acknowledge Biden's win

The nation has a new president-elect, Joe Biden. At the same time, there is no official president-elect, because the electoral process itself hasn't yet reached that point.

How can both these assertions be true? And if they are, how are Americans supposed to understand that? Most importantly, how can Americans of opposite parties get on the same page, so that we can move forward together as one country, as our new president-elect in his impressive victory speech is urging us to do?

When it comes to ending elections, there are actually two different processes at work, and they operate on different timelines.

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