The far-right network of constitutional sheriffs has championed the “Stop the Steal” conspiracy since 2020 and, since 2022, has partnered with the leading election denial organization, True the Vote, to investigate voter fraud and promote unfounded claims of election fraud.
But what legal authority do sheriffs actually have in elections? Although some have teamed up with election denial groups like True the Vote, their legal role is limited. According to a recent fact sheet from States United Democracy Center and Georgetown University Law Center’s Institute for Constitutional Advocacy and Protection (ICAP), sheriffs do not have the authority to oversee elections. State laws dictate the extent of a sheriff’s power to investigate voter fraud, and while some states allow sheriffs to deputize citizens or form “posses,” these powers are typically constrained by law.
It’s worth reviewing the specific powers assigned to sheriffs in your state. The fact sheet highlights that, while some states require training for members of organized citizen posses, others allow sheriffs to enlist citizen support on an ad hoc basis for situations such as felony stops or search-and-rescue operations. These seemingly minor details could have significant legal implications if sheriffs increase their efforts to deputize citizens.
For now, election-related threats from the Constitutional Sheriff’s and Peace Officers Association (CSPOA) largely consist of rhetoric, aligning them with the broader “Stop the Steal” movement. However, as I mentioned in a recent interview with It Could Happen Here on Trump’s Constitutional Sheriffs, we should view the actions of CSPOA sheriffs—such as declaring their counties sanctuaries for gun rights or refusing to enforce mask mandates—as potential rehearsals for more direct interference in elections. (PRA mapped Sheriff alignment with the far-right in 2020 and updated it in February 2022.)
These so-called Constitutional Sheriffs have been acting as local megaphones for election conspiracy theories since 2020. At the spring 2024 CSPOA gathering, several CSPOA sheriffs and leaders referenced the debunked claim that undocumented immigrants are voting illegally and rigging elections in favor of Democrats. And, some Sheriffs are making headway “tracking” immigrants in their county.
In one case, Sheriff Dar Leaf of Barry County, Michigan, conducted a local investigation into alleged voter fraud and advocated against ballot drop boxes. However, these efforts were dismissed by authorities.
Another concerning development is the plan by CSPOA Sheriffs to intimidate election clerks. The Florida chapter of CSPOA has, for instance, proposed forming citizen militias to pressure election clerks if they suspect election fraud. They have a multi-part plan to roll this out, which has been deeply reported on by the Institute for Research and Education on Human Rights (IREHR) Executive Director, Devin Burghardt.
We should note that True the Vote, a multimillion-dollar nonprofit that arose from false claims of voter fraud after the 2020 election, has faced lawsuits over allegations of mass voter intimidation of Black and Brown voters in Georgia and misuse of nonprofit funds. Despite this, True the Vote continues to share plans to collaborate with sheriffs to surveil elections and investigate alleged voter fraud.
For ongoing updates on CSPOA’s activities in Florida, follow Devin Burghardt on X. For updates on sheriffs, follow Jessica Pishko on X or subscribe to her Posse Comitatus substack. For updates on sheriffs and the anti-immigrant movement, or CSPOA’s plans to disrupt elections as it relates to broader far-right and anti-democratic movements, reach out to Political Research Associates.
