Full Breakdown
Misinterpretations of DHS's Role in Elections: A Closer Look
2/22/2026, 12:25:42 AM
Overview of the Core Event
Homeland Security Secretary Kristi Noem's recent comments regarding her agency's role in elections have sparked controversy and concern among various stakeholders. Her remarks, made during a press conference on February 13, 2024, coincided with the passage of the SAVE America Act by House Republicans, a piece of legislation aimed at tightening voter ID requirements and proof of citizenship for voter registration.
Key Statements by Kristi Noem
Noem asserted that while the Constitution grants states the primary responsibility for conducting elections, the federal government, through her department, also holds certain authorities. She stated, "Now, as the Secretary of the Department of Homeland Security, those authorities lie within my department. And the responsibility lies with me." She emphasized her role in identifying vulnerabilities in election systems and ensuring that elections are conducted correctly.
Criticism from Legal Experts
Noem's comments have drawn significant pushback, particularly from Wendy Weiser, a lawyer at the Brennan Center for Justice. Weiser contended that there is no legal basis for the Department of Homeland Security (DHS) to oversee elections, stating, "There is no law that 'delegates' power over elections to DHS. None." She clarified that while DHS has responsibilities related to critical infrastructure, these do not extend to direct oversight of elections.
Rebecca Green, a law professor at William and Mary, echoed this sentiment, noting that the Cybersecurity and Infrastructure Security Agency (CISA), which operates under DHS, does not possess independent authority over state election administration. Green remarked, "CISA has no independent authority or oversight role in how states run their elections."
The Role of CISA in Election Security
CISA was established in 2018 to protect critical infrastructure, including elections, from various threats. The agency collaborates with state and local governments, providing security alerts, training, and assessments of election facilities. However, its involvement is strictly advisory and voluntary, as outlined in the statute that created it. CISA can offer analyses and technical assistance upon request but does not have the power to enforce compliance or oversight.
Official Responses and Clarifications
In response to Noem's statements, critics have highlighted the limited role of DHS in election administration. The agency's primary function is to assist in safeguarding election infrastructure rather than managing or overseeing the electoral process itself. Local governments remain responsible for vote counting and tabulation, as mandated by the Constitution.
Conflicting Reports & Gaps
While Noem's comments suggest a more expansive role for DHS in elections, legal experts and critics maintain that such interpretations are misleading. The lack of direct oversight authority for DHS in election matters raises questions about the implications of her statements, particularly in the context of the SAVE America Act.
Verbatim Quotes
- “Now, as the Secretary of the Department of Homeland Security, those authorities lie within my department. And the responsibility lies with me.” — Kristi Noem, Homeland Security Secretary
- “There is no law that ‘delegates’ power over elections to DHS. None,” — Wendy Weiser, Brennan Center for Justice
- “has no independent authority or oversight role in how states run their elections,” — Rebecca Green, William and Mary Law School Professor
The ongoing discourse surrounding Noem's remarks underscores the complexities of federal and state roles in election administration, particularly as legislative measures like the SAVE America Act seek to reshape voting processes.
