The Impact of Public Records Requests on Local Election Officials: Findings from the 2023 EVIC LEO Survey The Impact of Public Records Requests on Local Election Officials: Findings from the 2023 EVIC LEO Survey

By Paul Gronke and Paul Manson

Kyle Yoder and April Tan of the Center for Election Innovation and Research (CEIR) released a focus brief on the use and abuse of public records requests, how these requests have impacted local elections offices, and what legislative solutions have been shown to ease the burden placed on local election officials (LEOs).

The research team at the Elections & Voting Information Center (EVIC) has been tracking public records requests in our 2023 EVIC LEO Survey, part of a broader investigation into workloads, staffing, and administrative burdens. The survey provides additional evidence about the dramatic increase in workload resulting from public records requests, particularly in medium-sized and larger jurisdictions where these requests seem to be concentrated.

We also collected nuanced information about how LEOs respond to these requests as part of a deep dive into elections staffing in the State of Oregon. This research, combined with our LEO Survey results, lead us to propose a friendly amendment to the first of the four legislative proposals made by Yoder and Tan.

Their first proposal is to require: Processing Election-Related Records Requests at the State Level

The stated rationale is “a law enacted in the State of Washington in 2023, all requests for records from the statewide voter registration database or for any standard reports generated by the database must be made to and fulfilled by the secretary of state.”

Our research in the State of Oregon highlights a few potential issues with this proposal — mainly it is too limiting. Not all election-related public records requests are for data or reports from the statewide voter registration system. County-specific election records and local election administrative choices are unlikely to be integrated into the statewide database. Second, there is substantial variation in how much administrative authority resides at the local level versus administrative authority at the state (see this overview from the National Conference of State Legislatures (NCSL) for a quick overview).

It seems reasonable to suggest that requests for information from the statewide registration system be forwarded (or have to be submitted to) the state, but that we provide resources and capabilities for localities to respond to other requests.

Our amendment creates a wider umbrella that would ensure that all counties and local jurisdictions have some capacity to respond to these requests. This amendment (additions in bold) threads this needle:

Processing statewide voter registration system election records requests at the state level, standardizing how requests are processed by local jurisdictions, and providing funding to local jurisdictions to sufficiently respond to these requests.

We provide our survey results and rationale for this amendment below.

Survey Evidence on Changes in LEO Workload

Across the board, LEOs have reported to us that their workload has been increasing. Most dramatically, our 2023 survey shows how burdensome election work has become during the “peak” periods (which can extend as long as six weeks before and a week after Election Day).

The reasons for the workload increases are varied, with the largest impact on the smallest offices. These increases are proportionally higher because the typical LEO in a small office dedicates less than 10 hours/week to election work in non-peak times.

What about specific administrative tasks? We asked LEOs how much their workload has changed across different areas, “compared to four years ago”. We chose that time point specifically to encompass one midterm and one presidential cycle.

Three tasks stand out with the highest increase in reported workload over the past four years:

  1. Preparing for pre-Election Day voting
  2. Preparing for Election Day voting
  3. Public records requests

Our survey shows how these requests have become particularly burdensome for medium-sized and larger jurisdictions with the same pattern emerging for “citizen complaints” and “media requests.”

How Clerks in Oregon Deal with Public Records Requests

In late 2023, EVIC interviewed 34 of 36 Oregon clerks to identify more effective and efficient staffing of these offices. Our report, conducted in collaboration with the Oregon Secretary of State’s Division of Elections, highlighted how even in a relatively stable election system like Oregon, which has been fully vote-by-mail since 2000, the workload demands and staffing models have fallen out of sync with the current reality of the job.

And one of these realities is a big increase in public records requests.

Many topics came up in our conversations, but public records were notably high on the agenda of every clerk we spoke to. In fact, the term “public records” appears 228 times across the 33 interviews. What did clerks in Oregon tell us about these requests?

The frequency and quantity of requests has increased enormously. These two quotes are typical:

“We get inundated with public records requests …”

“… you know, go back five years, we would probably get two or three public records requests in an election cycle, now we get two or three a day …”

Also, in the past, requests generally came from the press or groups versed in laws and procedures of that state or locality. Now we are seeing a nationalization of these requests moving through informal social media channels, and citizen activists making requests that can be at times nonsensical. Clerks shared with us, for example, requests for information about polling place locations and poll workers, both of which don’t exist in our state.

All of our respondents said they worked hard to respond to requests, but how they did this varied tremendously. Some told us they developed a request form, charged for staff time, and had access to an attorney. A few told us they’d even added new positions to handle public records:

“… the county has established an office to take that load off of the clerk, because you know, you’re not the only ones who see public records requests …”
“… we’ve built into one of these new positions … will be doing public records requests. In the past, that’s not something we’ve ever considered.”

These clerks are well-positioned to handle the requests, even if the process is being misused.

Other clerks told a very different story, however. Out of a desire to be responsive and transparent, some clerks told us they answered most requests, on the phone or using email. It was not clear that they were documenting the content, frequency, or cost of these requests. A few clerks shared with us that their county had only limited access to an attorney who was not a county employee.

The variation in capacity and in how identical requests were treated across counties raised concerns for us. In our June 2023 report, we recommended:

  • Standardize or potentially consolidate public records request processes for various types of emerging public requests.
  • Create a new statewide position in the Elections Division to support counties in addressing public records requests.
  • Encourage the use of intake forms for public records requests.
  • Provide guidance on “boilerplate” or “cookie cutter” requests.

This doesn’t sound so different from the CEIR recommendation, and it isn’t in spirit. Our amended proposal provides more flexibility, allows for county-level processing in some cases, and perhaps most importantly, recognizes that budgets and funding at the local level are critical for the near term.

We can’t keep expecting local election offices to do it all and not fund them adequately.

Nonetheless, these differences are only a very minor shade of grey. We commend CEIR and many others for highlighting the abuse of public records requests and proposing reasonable policy solutions. To the degree that states can help standardize procedures, smooth processing, and reduce the burden on local offices, we are in 100% support.

The Elections Workforce: How Many Election Workers are there Nationwide? The Elections Workforce: How Many Election Workers are there Nationwide?

Clip from a game show never to be aired:

Announcer: “26,824. Is that your final answer, Professor Gronke?”
Gronke: “Let me use my lifeline.”
Clock ticks …
Gronke:16840.43. That’s my final answer!”
Announcer: “Your final answer to the question `How many election workers
there are in the United States is 16840 point 43??”
Gronke: “Ok, around 20,000. I am very confident that there are around 20,000
election workers in the United States. Or maybe a few thousand more …”
Announcer: On to our next contestant!

The scenario above may never appear on television, but the question is a real one, and one that evades a good answer because there is so little systematic information about the size and composition of the elections workforce.

This post and future posts will provide information about the elections workforce, drawing on results from the 2023 Elections & Voting Information Center (EVIC) Local Election Official (LEO) Survey. We hope this will contribute to efforts to improve the size, diversity, and professionalization in that workforce, and spur other efforts to improve our knowledge base about staff to monitor progress moving forward.

Why Does the Election Workforce Matter?

The quality of American democracy and the integrity of our election system relies in large part on the efforts of the elections workforce: local elections officials (LEOs) and their staff who administer elections in the fifty states, territories, indigenous areas, and in more than ten thousand counties, townships, municipalities, and other administrative units. A long research record has shown that voters express higher confidence in our election system when they have a good voting experience and when poll workers and other election officials are knowledgeable and professional. Election officials and their staffs also act as key intermediaries between political candidates and other groups who want access to the ballot to compete for public support.

A well-trained and professional election workforce is vital to American democracy and it is encouraging to see increasing attention to harassment and turnover among staff, as well as policy and research initiatives dedicated to the issue.

How Many Staff?

As valuable as these efforts are, they are hampered by a lack of systematic information about elections staff.

One place to start would seem to be the most basic: how many elections staff are there?

That seemingly simple question was posed to EVIC in September 2023, while the 2023 LEO Survey hit the field. And it is a question that we should be able to answer since we have been asking about the size of Full Time Employees (FTEs) in elections offices since 2019.

This survey question results in this powerful figure below, showing that more than half of the elections offices in the country have zero or one full-time staff person, and 90% have 5 or fewer staff members.

We can use these responses to produce a first estimate of the total elections staff, and putting aside some details (see the Appendix), 26,824 is the answer we provided. Once we adjust for the largest jurisdictions in the country, “around 30,000” was a defensible answer.

But then research and learning intervened.

We discovered something well-known to practitioners but not brought home to us until we were in the midst of a staffing study commissioned by the State of Oregon. Asking about FTEs in a local office that administers elections will inevitably capture FTEs that work on the property recording side. In some cases, these duties are split, and LEOs engage in “staff sharing” (explicitly moving a staff member from recording over to elections during peak periods).

We asked about this in the 2023 LEO Survey, and the results showed over a quarter of offices engaged in staff sharing. The larger the office, the more common staff sharing is going on (because the smallest offices don’t have staff to “share” – everyone does everything).

A second question added to the 2023 survey tries to elicit a more precise estimate of elections staff:

“Of the full-time staff, how many are fully dedicated to elections?”

The responses to this question are quite striking when compared to the figure above. Notably:

  • 32% of all jurisdictions in the country have “no full-time staff” and consequently, “zero” full-time staff dedicated to elections.
  • 18% of all jurisdictions have one full-time staff member (the LEO) and half of those are not fully dedicated to elections.
  • 40% of all jurisdictions have 2 – 5 staff, and 37.5% of those tell us “none” of the staff are fully dedicated to elections full-time.

There are even a small number of larger jurisdictions (100,001-250,000) that do not have a single dedicated elections specialist. Such is the reality of balancing election administration with recording, licensing, budgets, and the other myriad duties assigned to LEOs nationwide.

This question was my “lifeline” — it allowed me to adjust the staffing estimate (described in more detail in the Appendix). This is my nearly “final answer” of 16,840.43.

Add some wiggle room to adjust for the largest jurisdictions, for an ultimate answer of “an election workforce somewhere around 20,000.”

If It Is Good Enough For Horseshoes … How To Get Better Estimates of Elections Staff

Our intuition is that there are somewhere between 20,000 and 25,000 elections staff nationwide, without considering additional complications like staff sharing, temporary workers, and poll workers. However, getting to that estimate required some fairly heroic assumptions.

We know that state and local governments face workforce challenges. We know that elected officials and election workers face unprecedented levels of threats and harassments for simply doing their jobs.

We believe that the research community can do better.

  • EVIC can do better by improving the LEO Survey.
    We can ask more precise questions about staffing. In our defense, since the inception of the LEO Survey in 2018, we have labored to make the survey instrument short and easy to complete, avoiding anything that necessitates a LEO looking something up offline. However, conversations with practitioners have convinced us that most LEOs will have a good sense of the size of their staff, and those good senses will be better than the categories we have used in the past. Barry Burden, PhD, of the University of Wisconsin Elections Research Center has successfully used a more specific item in surveys of Wisconsin clerks that we could adapt.
  • The Census Bureau and U.S .Bureau of Labor Statistics (BLS) can do better by coding election work and election workers.
    Two resources to track employment and wages in local government are the Census of Local Governments and the Bureau of Labor Statistics National Occupational Employment and Wage Estimates. For reasons we don’t know, neither of these has a category or occupational code for elections.
  • The U.S. Election Assistance Commission (EAC) can do better by collecting information on staff sizes and other workforce information.
    The EAC may consider collecting information on staff sizes and compensation levels, perhaps as an off-year effort separate from the biennial Election Administration and Voting Survey (EAVS), which is already a burdensome instrument.

Technical Appendix

The technical details of these calculations include projecting our survey estimates to the full population of LEOs, and making certain assumptions about the “multiplier” to use for the response ranges provided in our survey question.

Generalizing from the survey responses to the overall population is the easy part. Our sample is drawn proportionate to the size of the jurisdiction, to ensure a complete representation of medium-sized and larger-sized jurisdictions. Our sampling weight allows us to produce valid estimates. Sampling and weighting procedures are reported on the EVIC LEO Survey Methodology Page.


The more difficult part of the puzzle is choosing the appropriate “multiplier” for each cell in a crosstab of jurisdictions vs. elections staff. To illustrate, consider each of the cells in the table below. Across the columns, we need to choose values to use for “No full-time staff”, for any category with a range, and for “More than 50”. We use “.5” for responses of “no full-time staff”, the midpoint for other categories, and “50” for the largest category. (This calculation, by the way, resulted in our “first answer” of 26,824.)

Looking down the rows, things get more complicated, particularly in the bottom row, “none are full-time elections”. For example, 18% of our sample (160 respondents) said they had 1 full-time staff person (that generalizes to approximately 1440 jurisdictions). Half of those said “none” were fully dedicated to elections, and we use .5 of an FTE for these 78 cases.

We decided to use the .5 adjustment across the whole bottom row, thus (.5 * 1 * 8.8% * 8000) + (.5 * 3.5 * 15% x 8000) + (.5 * 8 * .7% * 8000) + (.5 * 15.5 * .1% * 8000) sums up our staff estimate for the bottom row. It is not clear that .5 is too high or too low.

The final decision is what to do with “more than 50”, fully aware that this column represents the 40 largest jurisdictions in the country, and, from personal communications, knowing that some of the very largest have 750-1000 employees.

Ultimately, we expect our estimate to be somewhat low, but we don’t think it is dramatically off the mark. We hope to collect more detailed information in 2024 to test this assumption.

New EVIC Report on Oregon Local Election Official Staffing New EVIC Report on Oregon Local Election Official Staffing

We are excited to announce a new EVIC report on Oregon Local Election Official Staffing Commissioned by the Elections Division of the Oregon Secretary of State’s Office

Today, Paul Gronke and Paul Manson testified before the Oregon House Interim Committee on Rules regarding the “Oregon County Election Staffing Research Study” that EVIC prepared under their direction as commissioned by the Elections Division of the Oregon Secretary of State’s office to assess the staffing challenges faced by local election officials (LEOs) in Oregon.

EVIC’s report summarizes the findings from this study where LEOs from Oregon’s counties were interviewed for an average of 60-90 minutes, resulting in a combined 46 hours of interviews.

The Election Division of the Oregon Secretary of State’s office issued a press release today on this work. “Oregon County Clerks Struggling with Staffing, Retention, and Recruitment in the Midst of a Toxic Political Environment” can be viewed here.

In addition to the report and press release, you can access the joint written testimony of Paul Gronke and Paul Manson for EVIC here as well as the slide deck used at today’s hearing.

Today’s meeting agenda is located here

All of the aforementioned meeting materials are located in one place here: You can also find the video of today’s session posted there.

Please share this important work and reach out if you have any questions!

EVIC Stands in Solidarity with Black Americans EVIC Stands in Solidarity with Black Americans

EVIC STANDS WITH BLACK AMERICANS

In light of recent unconscionable acts of police brutality, EVIC stands in solidarity with Black Americans.

We further affirm their right to equal access to the ballot. Responding to a history of voter suppression and disenfranchisement, we believe that a free, fair, and secure election system; community outreach; and ongoing research is necessary to ensure equity in the voting process.

We are using these recent events to learn, reflect, and reexamine our beliefs and values to ensure that we are foregrounding justice in our election administration work. Together, we can encourage an election system that supports racial equity and anti-racism.