In a January 6, 2017 statement, Secretary of Homeland Security Jeh Johnson announced that election infrastructure in the United States has been designated “critical” and worthy of the Department of Homeland Security’s (“DHS”) attention.  The designation brings election infrastructure, largely controlled at the state level, within the purview of the 2013 National Infrastructure Protection Plan, establishing it as a “critical infrastructure subsector” under the existing Government Facilities sector.

The Government Facilities sector is one of 16 designated sectors DHS has identified as providing “the essential services that underpin American society and serve as the backbone of [the] nation’s economy, security, and health.”  Other existing critical infrastructure sectors include Energy, Commercial Facilities, Financial Services, and Transportation Systems.  Under the National Infrastructure Protection Plan, critical sectors and subsectors are provided dedicated federal attention aimed at risk reduction and response preparedness on a national, infrastructure-wide level.  Additionally, “Sector-Specific Plans” analyze risks faced by particular sectors and outline collaborative efforts undertaken by the private sector and government to reduce those risks.  For example, the National Football League—part of the Sports Leagues subsector of Commercial Facilities—coordinated with DHS components including the Transportation Security Administration, the Federal Emergency Management Agency, the U.S. Coast Guard, and the Secret Service in preparation for the 2016 Super Bowl.

In the press release, Secretary Johnson identified election infrastructure to include:

“[S]torage facilities, polling places, and centralized vote tabulations locations used to support the election process, and information and communications technology to include voter registration databases, voting machines, and other systems to manage the election process and report and display results on behalf of state and local governments.”

Although DHS aims to protect critical infrastructure from all risks, Johnson highlighted that election infrastructure will “be a priority for cybersecurity assistance and protections that [DHS] provides to a range of private and public sector entities.”  Johnson further explained that “cyber-attacks on [the U.S.] are becoming more sophisticated, and bad cyber actors—ranging from nation states, cyber criminals, and hacktivists—are becoming more sophisticated and dangerous.”

Elections are principally regulated by the states, and Johnson recognized that some state and local officials were opposed to the federal designation.  However, Johnson assured that the designation “does nothing to change the role state and local governments have in administering and running elections,” and that federal assistance would be provided “only for those who request it.”