Master Ordinance Template¶

Overview¶

This Master Ordinance template provides model language for municipal ordinances enforcing 18 U.S.C. § 592, the federal prohibition on armed troops at polling places, and 52 U.S.C. § 10307(b), the federal prohibition on voter intimidation. The template is designed to be adapted for specific state legal frameworks.

Key design principles:

Focus on local resource allocation (not obstruction of federal operations)
Leverage anti-commandeering doctrine
Enforce existing federal law via the "federal felony exemption" argument
Minimize preemption attack surface
Maintain bipartisan framing
Protect voter data, election equipment, and election workers
Establish transparency and accountability mechanisms

Model Ordinance¶

AN ORDINANCE¶

Relating to the Protection of Polling Places and Election Integrity; Establishing Limitations on Municipal Resource Deployment in Support of Armed Federal Personnel Near Polling Locations; Protecting Voter Data and Election Equipment; Establishing Transparency and Notification Requirements

WHEREAS Findings and Purpose¶

WHEREAS, 18 U.S.C. § 592 provides that "[w]hoever, being an officer of the Army or Navy, or other person in the civil, military, or naval service of the United States, orders, brings, keeps, or has under his authority or control any troops or armed men at any place where a general or special election is held, unless such force be necessary to repel armed enemies of the United States, shall be fined under this title or imprisoned not more than five years, or both; and be disqualified from holding any office of honor, profit, or trust under the United States";

WHEREAS, 52 U.S.C. § 10307(b) prohibits voter intimidation, and courts have consistently held that the intimidating effect of armed presence at or near polling locations raises serious concerns of voter intimidation, without requiring proof of intent;

WHEREAS, this federal statute reflects a longstanding American tradition, rooted in the Posse Comitatus Act and principles of democratic governance, that elections must be conducted free from military or paramilitary intimidation;

WHEREAS, the anti-commandeering doctrine established in New York v. United States, 505 U.S. 144 (1992), Printz v. United States, 521 U.S. 898 (1997), and Murphy v. NCAA, 138 S. Ct. 1461 (2018), confirms that the federal government may not compel state or local governments to participate in federal programs, enforce federal law, or prohibit states from enacting otherwise valid laws within their own jurisdiction;

WHEREAS, the Supreme Court in NFIB v. Sebelius, 567 U.S. 519 (2012), established that federal funding conditions cannot be so coercive as to leave states and localities with no genuine choice, limiting the federal government's ability to withdraw grants to compel compliance with uncodified executive mandates;

WHEREAS, the Supremacy Clause protects only lawful federal activity made in pursuance of the Constitution, and local governments cannot be legally compelled to facilitate conduct that federal law itself criminalizes;

WHEREAS, Article I, Section 4 of the United States Constitution vests the primary responsibility for conducting elections in the several states, and this decentralized architecture serves as a structural safeguard against the consolidation of political power;

WHEREAS, the presence of armed federal personnel at or near polling places may intimidate voters, suppress voter turnout, and undermine public confidence in the electoral process;

WHEREAS, the [CITY NAME] has a compelling interest in protecting the integrity of elections conducted within its jurisdiction and ensuring that all eligible voters can cast their ballots without fear or intimidation;

WHEREAS, the [CITY NAME] seeks to exercise its lawful authority over the deployment of municipal resources while respecting legitimate federal law enforcement activities;

NOW, THEREFORE, the [GOVERNING BODY] of the [CITY NAME] does ordain as follows:

Section 1. Definitions

For purposes of this Ordinance:

(a) "Armed federal personnel" means any individual acting under the authority of the United States government who is carrying a firearm, conducted electrical weapon, chemical agent, baton, or other weapon, including but not limited to personnel of the Department of Homeland Security, Immigration and Customs Enforcement, Customs and Border Protection, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Marshals Service, or any branch of the United States Armed Forces. This definition encompasses any person "in the civil, military, or naval service of the United States" as referenced in 18 U.S.C. § 592.

(b) "Election period" means the period beginning at 5:00 a.m. on any day on which a general, special, or primary election is conducted within the [CITY NAME] and ending two hours after the closing of polls. [STATE-SPECIFIC: Adjust to include early voting periods where applicable.]

© "Election records" means all ballots, poll books, voter registration records, tally sheets, chain-of-custody logs, and other documents used in the administration of elections within the [CITY NAME].

(d) "Municipal resources" means any personnel, equipment, facilities, property, or funds under the control of the [CITY NAME], including but not limited to police officers, vehicles, communications equipment, databases, IT infrastructure, and municipal buildings.

(e) "Polling place" means any location designated by election officials for the casting of ballots, including early voting locations, election day polling sites, and ballot drop-off locations.

(f) "Protected zone" means the area within [500 feet / 1,000 feet -- ADJUST BASED ON STATE LAW] of any polling place during an election period.

(g) "Restricted municipal zone" means any polling place, election equipment storage facility, or ballot processing center designated by the [CITY CLERK / APPROPRIATE OFFICIAL] as subject to the access limitations of this Ordinance during an election period.

(h) "Support" means providing assistance, including but not limited to: directing traffic; providing security; sharing intelligence, surveillance, or location information; transporting personnel; providing access to municipal facilities; granting access to municipal databases or IT systems; or any other action that facilitates the activities of armed federal personnel.

(i) "Voting system" means any mechanical, electromechanical, or electronic equipment used in the casting, recording, tabulating, or canvassing of votes, including but not limited to electronic poll books, ballot marking devices, optical scanners, and associated software.

Section 2. Limitation on Use of Municipal Resources

(a) General Prohibition. During any election period, no municipal resources shall be used to support the deployment, staging, or operations of armed federal personnel within any protected zone, except as provided in Section 3.

(b) Specific Prohibitions. Without limiting the generality of subsection (a), municipal resources shall not be used to:

(1) Transport armed federal personnel to or within any protected zone;

(2) Provide armed federal personnel with access to municipal facilities within any protected zone;

(3) Share with armed federal personnel any information regarding the location, identity, or activities of voters, poll workers, or election officials;

(4) Provide traffic control, crowd management, or security services in support of armed federal personnel within any protected zone;

(5) Detain, question, or arrest any individual at the request of armed federal personnel within any protected zone, unless such action is based on an independent determination by municipal law enforcement that probable cause exists for a violation of state or local law.

© Affirmative Duty. Municipal law enforcement personnel shall prioritize the protection of voters, poll workers, and election officials and shall take reasonable steps to ensure the orderly conduct of elections free from intimidation.

(d) Law Enforcement Chain of Command. During any election period, municipal law enforcement personnel assigned to or present at any polling place or protected zone shall operate under the direction of the precinct election judge and the [CITY CLERK / APPROPRIATE OFFICIAL], rather than under the direction of any federal agent or agency.

(e) Prohibition on Federal Deputization for Election Purposes. No municipal law enforcement officer shall accept federal deputization, including through 287(g) agreements, Joint Terrorism Task Force assignments, or similar arrangements, for the purpose of election monitoring, election enforcement, or any activity within a protected zone during an election period.

(f) Prohibition on Shared Resources During Elections. Municipal law enforcement databases, communications systems, and vehicles shall not be made available to federal agents for use during election periods within protected zones, except as provided in Section 3.

Section 3. Exceptions

The limitations in Section 2 and related sections of this Ordinance shall not apply:

(a) When necessary to respond to an imminent threat of death or serious bodily injury to any person;

(b) When necessary to repel armed enemies of the United States, as referenced in 18 U.S.C. § 592;

(d) When the [CHIEF EXECUTIVE / MAYOR / CITY MANAGER] determines, in writing, that an emergency exists that requires temporary suspension of this Ordinance, provided that any such determination shall be narrowly tailored, shall expire after 24 hours unless renewed, and shall be reported to the [GOVERNING BODY] within 48 hours;

(e) When cooperation is sought for federal law enforcement purposes entirely unrelated to polling place operations, voter data, or election equipment during election periods.

Section 4. Data Sovereignty and Voter Information Protection

(a) Protected Information. The following categories of voter information held by the [CITY NAME] are designated as protected information and shall not be disclosed to any federal agency or agent without a court order issued by a court of competent jurisdiction:

(1) Full Social Security numbers or partial Social Security numbers beyond the last four digits;

(2) Driver's license or state identification numbers;

(3) Full dates of birth;

(4) Voter signatures;

(5) Email addresses and telephone numbers not otherwise designated as public;

(6) Any information that could be used to identify the political affiliation, voting history, or ballot choices of individual voters.

(b) Response to Federal Data Requests. Upon receipt of any request from a federal agency for voter data or election records:

(1) The [CITY CLERK / APPROPRIATE OFFICIAL] shall immediately notify the [CITY ATTORNEY / CORPORATION COUNSEL] and the [GOVERNING BODY];

(2) No data shall be released until the [CITY ATTORNEY / CORPORATION COUNSEL] has reviewed the request for compliance with applicable state privacy laws and this Ordinance;

(3) All federal data requests and the city's responses shall be logged in the transparency registry established under Section 8.

© Redaction Requirements. Any voter data lawfully disclosed in response to a federal request shall be redacted to remove all protected information as defined in subsection (a), unless a court order specifically requires disclosure of such information.

(d) Prohibition on Bulk Data Transfers. No municipal employee shall transmit to any federal agency an unredacted voter registration database, voter file export, or other bulk dataset containing protected information, except as required by a court order.

Section 5. Election Equipment Custody and Access

(a) Chain of Custody. All voting systems and election equipment owned or leased by the [CITY NAME] shall remain in the custody and control of the [CITY CLERK / APPROPRIATE OFFICIAL] at all times. No voting system or component thereof shall be released to, inspected by, or made accessible to any federal agency or agent except:

(1) Pursuant to a court order issued by a court of competent jurisdiction; or

(2) Upon a [TWO-THIRDS / SUPERMAJORITY] vote of the [GOVERNING BODY] in a public session, after notice to the public of at least [48/72] hours.

(b) Authorized Access. Only the following individuals shall be permitted to access voting systems:

(1) Employees of the election office acting within the scope of their duties;

(2) Poll workers authorized by the [CITY CLERK / APPROPRIATE OFFICIAL];

(3) Vendor representatives vetted and authorized in writing by the [CITY CLERK / APPROPRIATE OFFICIAL], operating under supervision of election office personnel.

© Notification of Breach Attempts. The [CITY CLERK / APPROPRIATE OFFICIAL] shall immediately notify the [GOVERNING BODY], the [CITY ATTORNEY], and the [STATE CHIEF ELECTION OFFICIAL] if any individual or entity -- including a federal agency -- requests access to, attempts to access, or breaches the security of any voting system or election equipment.

(d) Decertification Risk Disclosure. Any federal request for access to voting systems shall be accompanied by a written disclosure from the [CITY ATTORNEY] to the [GOVERNING BODY] assessing whether granting access could result in decertification of the equipment under state law.

Section 6. Network Isolation and Technical Security

(a) Air-Gap Requirement. All municipal election IT systems, including voter registration databases, election management systems, and voting equipment networks, shall be logically or physically separated from all other municipal IT systems and from any federal network.

(b) Prohibition on Remote Access. Voting equipment shall not be connected to the internet at any time. Any diagnostic, maintenance, or software update performed on voting equipment shall be conducted in-person and in the presence of a bipartisan team designated by the [CITY CLERK / APPROPRIATE OFFICIAL].

© Federal Monitoring Software. No federal monitoring software, including software provided by the Cybersecurity and Infrastructure Security Agency (CISA) or any successor agency, shall be installed on municipal election systems without a [UNANIMOUS / SUPERMAJORITY] vote of the [LOCAL BOARD OF ELECTIONS / GOVERNING BODY].

(d) Public Records Exemptions. System passwords, network diagrams, security protocols, and technical configurations of municipal election systems are designated as exempt from public disclosure under applicable public safety exemptions. Any public records request for such information shall be subject to mandatory legal review by the [CITY ATTORNEY] before any responsive documents are released.

Section 7. Election Records Retention and Federal Access

(a) Federal Retention Compliance. The [CITY NAME] shall retain all ballots and voter records for at least 22 months following any federal election, as required by 52 U.S.C. § 20701.

(b) Inspection vs. Custody. Federal agents may inspect election records only in the presence of the [CITY CLERK / APPROPRIATE OFFICIAL] or their designee. No original documents, ballots, or voting equipment shall be removed from the custody of the [CITY NAME] without a court order from a [STATE] court of competent jurisdiction.

© Post-Retention Destruction. Upon expiration of the 22-month federal retention period and any applicable state retention requirements, and absent a specific judicial preservation order, election records shall be destroyed in accordance with the [CITY NAME]'s records retention schedule. This "clean slate" policy shall apply uniformly to prevent post-retention investigative demands.

(d) Statute of Limitations Defense. If a federal agency seeks election records for events beyond the applicable federal statute of limitations (generally five years for federal election crimes), the [CITY ATTORNEY] shall challenge the basis and purpose of the demand under 52 U.S.C. § 20703 before any records are produced.

Section 8. Transparency Registry

(a) Establishment. The [CITY CLERK / APPROPRIATE OFFICIAL] shall establish and maintain a publicly accessible registry logging all inquiries, requests, demands, or communications from federal agencies relating to:

(1) Election data, voter records, or voter registration information;

(2) Access to or inspection of voting systems or election equipment;

(3) Cooperation with or support for federal law enforcement activities within protected zones during election periods;

(4) Any other matter covered by this Ordinance.

(b) Contents. Each registry entry shall include the date of the inquiry, the federal agency and individual making the inquiry, the nature of the request, the city's response, and the legal basis cited by the federal agency (if any).

© Public Access. The registry shall be published on the municipal website and updated within five business days of any new entry. Entries shall remain publicly accessible for at least five years.

Section 9. Preservation of Federal Authority; Non-Obstruction

(a) Nothing in this Ordinance shall be construed to:

(1) Interfere with any federal officer's independent exercise of federal authority;

(2) Prohibit any federal agent from conducting operations using exclusively federal resources;

(3) Obstruct, impede, or physically prevent any federal law enforcement activity;

(4) Provide false information to any federal agent or agency;

(5) Conceal, harbor, or shield any individual from federal law enforcement;

(6) Regulate the conduct of federal employees or agents.

(b) This Ordinance addresses solely the allocation of municipal resources and the conduct of municipal employees. As the Ninth Circuit recognized in United States v. California, "refusing to help is not the same as impeding."

© The [CITY NAME] reaffirms its commitment to complying with all valid federal law, including 18 U.S.C. § 592 and 52 U.S.C. § 10307(b), which prohibit armed presence at polling places and voter intimidation, respectively.

Section 10. Notification Requirements

(a) Federal Agency Notification. The [CITY CLERK / APPROPRIATE OFFICIAL] shall provide written notice of this Ordinance to the regional offices of the Department of Homeland Security, Immigration and Customs Enforcement, Customs and Border Protection, the Federal Bureau of Investigation, and the United States Marshals Service no later than 60 days before any scheduled election.

(b) Coordination Request. Such notice shall include a request that any planned federal law enforcement activity within the [CITY NAME] during an election period be coordinated with the [POLICE CHIEF / APPROPRIATE OFFICIAL] at least 72 hours in advance, and shall identify a point of contact for such coordination.

© Public Notice. The [CITY NAME] shall post a copy of this Ordinance at each polling place and on the municipal website during each election period.

Section 11. Reporting

(a) Within 30 days following any election, the [POLICE CHIEF / APPROPRIATE OFFICIAL] shall submit a report to the [GOVERNING BODY] describing:

(1) Any requests received from federal agencies for municipal support within protected zones;

(2) Any incidents involving armed federal personnel within protected zones;

(3) Any exceptions invoked under Section 3;

(4) Any challenges encountered in implementing this Ordinance.

(b) Such reports shall be made available to the public.

Section 12. No Private Right of Action

This Ordinance is intended to guide the conduct of municipal officials and personnel. Nothing in this Ordinance shall create any private right of action or any right enforceable against the [CITY NAME], its officers, employees, or agents.

Section 13. Severability

If any provision of this Ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.

Section 14. Effective Date

This Ordinance shall take effect [NUMBER] days after passage and publication as required by law.

Legal Strategy: The "Federal Felony Exemption" Argument¶

Core Theory¶

The ordinance's strongest legal defense is distinct from traditional sanctuary city arguments: local governments cannot be compelled to facilitate federal criminal activity. The Supremacy Clause protects only lawful federal activity "made in Pursuance" of the Constitution -- unlawful federal activity receives no supremacy protection.

18 U.S.C. § 592 explicitly criminalizes what the ordinance declines to support. A city official cannot be legally compelled to assist in commission of a federal felony.

Key Distinction: Non-Cooperation vs. Obstruction¶

Non-Cooperation (Constitutionally Protected): Declining to provide city personnel, facilities, or logistical assistance. Legal basis: anti-commandeering doctrine (Printz, Murphy); "Refusing to help is not the same as impeding" (U.S. v. California). This ordinance stays within this zone.

Obstruction (Likely Preempted): Physically blocking federal agents; providing false information; concealing individuals. This ordinance explicitly excludes all such conduct in Section 9.

Recommended Framing Hierarchy¶

Primary -- Resource Allocation: "City resources shall not be allocated to provide logistical support for operations involving armed federal personnel at or near polling places"
Secondary -- Federal Law Compliance: "To ensure compliance with 18 U.S.C. § 592 and 52 U.S.C. § 10307(b)..."
Tertiary -- Anti-Commandeering: "Printz confirms federal government cannot conscript local officers for federal programs"

Constitutional Case Law Foundation¶

New York v. United States (1992): Federal government cannot compel states to enact specific laws. Prevents federal mandates forcing states to alter election codes without constitutional authorization.

Printz v. United States (1997): Federal government cannot conscript state/local officers for federal tasks. Protects local clerks and election judges from being forced to execute federal executive directives.

NFIB v. Sebelius (2012): Spending Clause conditions cannot be unconstitutionally coercive. Limits federal ability to withdraw election security grants to force compliance with uncodified mandates.

Murphy v. NCAA (2018): Federal law cannot prohibit states from enacting or repealing their own laws. Protects state-level election integrity reforms from being "preempted" by executive action.

Optional Provisions¶

Personnel Protection Provision (Recommended for All Jurisdictions)¶

Section __. Election Worker Protection.

(a) The [CITY NAME] shall not disclose the home addresses of election workers to any federal agency without a court order.

(b) Any municipal employee who receives threats related to election administration duties may apply for address confidentiality protections through [STATE PROGRAM / MUNICIPAL PROGRAM].

Funding Resilience Provision (Recommended for Jurisdictions with Federal Funding Exposure)¶

Section __. Funding Contingency.

(a) In the event that any federal funding is withheld or threatened to be withheld in response to the adoption or enforcement of this Ordinance, the [CITY ATTORNEY] shall assess the legality of such withholding under NFIB v. Sebelius and report to the [GOVERNING BODY] within 30 days.

(b) The [GOVERNING BODY] shall evaluate the feasibility of allocating municipal or state-level replacement funding for any federal grants affected by such withholding.

Risk-Limiting Audit Provision (Recommended for Jurisdictions Seeking to Preempt Federal Audit Demands)¶

Section __. Municipal Risk-Limiting Audits.

(a) The [CITY CLERK / APPROPRIATE OFFICIAL] shall conduct risk-limiting audits (RLAs) of election results in accordance with [STATE LAW / BEST PRACTICES], using methodologies approved by the [STATE CHIEF ELECTION OFFICIAL].

(b) The existence of a robust, locally controlled auditing process shall be cited as a basis for declining duplicative federal audit demands.

Sanctuary-Style Language (Use with Caution)¶

Section __. Immigration Enforcement.

Nothing in this Ordinance shall be construed to limit any existing municipal policy regarding cooperation with federal immigration enforcement activities. This Ordinance addresses only the specific concern of armed personnel at polling places during elections.

Note: Include only if municipality has existing sanctuary policies and wants to clarify relationship.

Community Oversight (Progressive Jurisdictions)¶

Section __. Community Advisory Board.

The [GOVERNING BODY] shall establish a community advisory board to monitor implementation of this Ordinance and make recommendations for improvements.

The board shall include representatives of civil rights organizations, election officials, law enforcement, and community members.

Enforcement Mechanism (Stronger Version)¶

Section __. Enforcement.

Any municipal employee who knowingly violates this Ordinance may be subject to disciplinary action, up to and including termination, in accordance with applicable personnel policies and collective bargaining agreements.