The FOIA floods are coming

After the 2020 election, Pennsylvania’s election offices experienced a four-fold surge in Freedom of Information Act (FOIA) requests. South Carolina reported a 500% spike. One election supervisor in Florida reported that responding to FOIA requests had taken over 60% to 70% of his workload. These surges weren’t just isolated at the state level. On a federal level, the Department of Homeland Security  hit a new record for the number of FOIA requests received and processed in the 2022 election year. The Postal Service also experienced a significant increase in FOIA requests in 2020.

These so-called FOIA floods are now the reality of managing public records requests during an election season, stemming, in part, from citizen distrust in the electoral process and widespread claims of election fraud. Even today, some offices are still working through FOIA requests submitted four years ago. At the same time, as the 2024 election draws closer, local election officials in politically charged districts are bracing for another onslaught.

FOIA requests are already at an all-time high, and as numbers have crept up so has the complexity of the requests, resulting in longer wait times for request turnarounds. In short, agencies are already struggling to keep up. Today, the federal backlog of FOIA requests exceeds a record 200,000 cases. Now, couple that with a surge of requests noted by officials in the most recent election years, and we’re bound to run into even longer timelines.

American democracy is built upon free, fair and transparent elections, and state and local officials must uphold these principles. At the same time, if FOIA requests divert too many already-thin resources away from election preparations and contribute to the mass exodus of election workers, the system’s integrity is in jeopardy.

This year, the deluge of FOIA requests could become even more intense. Government agencies should take proactive steps to ensure their staff have what they need to take on the upcoming FOIA floods — using methods that balance transparent governance with safeguarding election integrity.

How states can prepare for an impending influx of requests

Advocate for increased funding for election offices

Adequate funding is crucial to help election offices stay afloat this election season, and yet they’re dramatically underfunded at a time when they’re facing escalating challenges. In addition to the surge in FOIA requests, they’re up against cybersecurity threats, staffing shortages, increased harassment and the spread of misinformation.

Ahead of the 2024 election, officials in battleground states proposed boosting funding for election offices, which they could use to hire more staff, provide training and make technology upgrades. Congress should also step up to support states — while the federal government has provided election support funding since 2016, it’s unclear whether it will continue this year (states are still awaiting confirmation).

Centralize the FOIA process

Currently, the majority of local election offices operate and process requests on their own. However, several states have initiated or are considering a shift toward a more centralized, statewide system, including Washington and Wisconsin. Rather than placing all responsibility on local offices, this structure helps streamline operations and allow staff to more easily identify trends in requests. California already centralizes some components, including its online registry of vexatious requesters, which publicly lists individuals who file repetitive requests.

Proactively disclose information to the public

FOIA requests are often repetitive: Certain data is consistently sought after. One way to cut down on requests is to release this data proactively, an approach that federal agencies have been utilizing for years. The Justice Department has a FOIA Reading Room that contains categories of documents that are routinely of interest in requests. The FBI also has a FOIA library named The Vault that contains over six thousand different documents and a search function to allow for ease of use. Some states already do this too. For example, the California secretary of State’s office publishes detailed documentation of voting technology vendors and other frequently requested records. In La Paz County, Arizona, the county auditor must promptly provide tabulations of unofficial records to the public. And North Carolina maintains a statewide searchable log of FOIA requests. By publishing previous requests and their responses, agencies cut down on the need to service repeat requests.

States are also turning to helpful tools like online public records portals more often. Take Wisconsin’s “Badger Voter” platform, which lets citizens request records and access digital files easily through a central online portal. While there are upfront costs for these tech solutions, in the long run, they save states time and money.

Invest in technology to streamline FOIA responses and redact quickly

Local election offices are usually budget-constrained, and as such, often rely on outdated tools and spreadsheets to manage data pulls for public records requests. However, specialized software can cut down on inefficiencies. Using software to track FOIA requests is already common practice at the federal level and is becoming more important for state and local governments, too. This software can use machine learning to identify duplicative requests or documents, redact sensitive information quickly, and help ensure everyone involved in a request knows where it stands.

Keep security top of mind

Security is a core concern for election officials every year, but the emergence of artificial intelligence-generated deepfakes adds a new layer of worry. Concerns have prompted state election officials to request additional funds from federal lawmakers to address the threat of AI, in addition to the ever-present risk of cyberattacks, ransomware and data hacks.

With more data stored and managed in the cloud, election offices should also prioritize partnering only with third-party providers certified by StateRAMP or FedRAMP. This certification ensures that their cloud systems adhere to rigorous security standards. This is crucial for FOIA requests, which often involve potentially sensitive information.

Preparing now will pay off come November

The FOIA floods are coming. State and local election offices must take decisive action now to make sure their workforce is adequately prepared to handle what’s to come, so they can fulfill their mandate for transparent elections while maintaining the integrity of the electoral process.

Howard Langsam is the CEO of OPEXUS, the leading provider of government process management software. 

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