Issues with Designating Election Infrastructure as Critical Infrastructure

By Daniel Patrick Shaffer

Critical Infrastructure and the Power of the Executive Branch

Department of Homeland Security Secretary Jeh Johnson recently proposed the idea of designating election infrastructure as “critical infrastructure.” Critical infrastructure includes pieces of infrastructure that are so vital to the United States, that their destruction would have a crippling effect on our economy, health, and security. This currently includes infrastructure like dams, the power grid, and financial institutions. The Secretary has cybersecurity concerns, citing the recent cyber-attacks on the Democratic National Committee database, and the possibility of more destructive attacks in the future. Pursuant to the Homeland Security Act of 2002, The President and Secretary of DHS both have the power to designate critical infrastructure. The President did this in the Presidential Policy Directive-21, Critical Infrastructure Security and Resilience. The Directive says that department heads are in charge of working with the Secretary of Homeland Security to ensure security in their respective critical infrastructures. The Department of Justice, a part of the executive branch, has jurisdiction to monitor, investigate, and Continue reading “Issues with Designating Election Infrastructure as Critical Infrastructure”