Regulating Public Records Requests for Election Technology Related Materials

Advancements in election technology have led to both administrative convenience and greater levels of skepticism of electoral fraud. While election technology is promising, it is critical for voters to trust the system in order to have an effective, democratic election. This Note argues that there is no “right” answer to the question: what is the perfect balance between transparency and security for elections? Rather, this Note shows that to improve voter confidence and election security while being consistent with the trend of improving government transparency, there must be nationwide, uniform treatment of public records requests for election technology material. Although elections are run on a state level and operate under state laws, this Note argues that the potential for public disclosure of election technology material poses an unprecedented ability to harm the electoral process, such that it requires election offices across every state to have a consistent response.

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Risa Nakagawa

Georgetown Law J.D. Candidate 2024; Georgetown University B.S. 2019.