Election Laws

Former U.S. Attorney for Arizona Gary Restaino explains election-law questions behind headlines, including noncitizen voting prosecutions, federal authority over elections, and law-enforcement presence near polling places. He also offers practical guidance on responding to voting-machine errors and making a calm, informed voting plan.

• Restaino says noncitizens can mistakenly appear on voter rolls through motor-voter registration processes, and prosecutors must prove knowing conduct; reliance on official errors may provide a defense.
• He discusses the Maricopa County review of 60 referred voters: eight were identified as noncitizens, while 52 were citizens who were wrongly accused, prompting a lawsuit seeking their restoration to the rolls.
• He questions the timing of federal election-related charges announced close to an election, noting the longstanding DOJ practice of avoiding actions that could influence elections or undermine confidence.
• Restaino says states generally administer elections under the Elections Clause, while Congress may intervene; he argues Alaska's ballot dispute should primarily be handled by Alaska courts.
• He explains the federal prohibition, dating to 1865, on armed federal agents at polling places and describes local officials asking ICE agents to leave polling locations.
• He describes legal support and coordination for election officials, including the Government Council and Election Officials Network, convenings, and tabletop exercises.
• He cautions that mass mobilization near polling places can obstruct voters, and recommends reporting concerns through appropriate channels rather than confronting a situation.
• For voting-machine concerns, he advises checking selections before finalizing an electronic ballot; in Arizona, paper ballots provide a physical record.
• His practical voting-plan advice: review the ballot beforehand, allow extra time, know where and how you will vote, and stay calm if problems arise.