Stuart N. Brotman
Alvin and Sally Beaman Professor of Journalism and Electronic Media Enterprise and Leadership
School of Journalism and Electronic Media, College of Communication and Information
The University of Tennessee, Knoxville

As community leaders, lawyers have an opportunity, perhaps even an obligation, to help support the integrity of our electoral system at all levels of government. As stewards of the rule of law, guided by ethical practices of the profession, lawyers have an especially important role to play in 2024–when Americans will return to the polls for a Presidential election, along with voting in several other races for political office.

Last year, the American Law Institute (ALI) convened a group from across the political spectrum to assemble a proposed set of universal Ethical Standards for Election Administration (Report).  This work did not go through the typical ALI bicameral process, which requires approval by its Council and membership, which means that it cannot be considered the Institute’s official work. However, the Institute’s role as a convener and supporter of the project has been invaluable and deserves recognition.

At a time of contentious debate about our voting system, the Report clearly articulates the role of ethical standards in guiding the conduct of elections and contributing to public confidence in the process by which Americans select their leaders. 

As the Report states: “Even if the times were not so challenging, it would be appropriate to encourage those who conduct elections to consider the principles that undergird their work, inform the public of those principles, and hold each other accountable to them.”

The Report’s Executive Summary notes, “[a]ssembling ethical guidelines for all jurisdictions at the state, county, and local levels offers many advantages. It provides a shared vocabulary to communicate the moral basis for election conduct to voters, aids in training new officials by reinforcing the broader purpose of election administration as a profession, and also helps internalize values to guide officials when facing external pressures or unclear election laws.”

The Report includes seven core principles for adoption by the profession:

1. Adhere to the law. Election officials have a duty to administer the law as written and interpreted by the relevant authorities. 
2. Protect and defend the integrity of the election process. Election officials have a duty to safeguard against unfounded attacks on the integrity of the election process.
3. Promote transparency in the conduct of elections. Election officials have a duty to make election administration transparent to the public. 
4. Treat all participants in the election process impartially. Election officials have an obligation to treat all participants in the electoral process impartially, including voters, candidates, citizens, and political committees.
5. Demonstrate personal integrity. Election officials have a duty to conduct themselves honestly and forthrightly in all interactions with superiors, peers, candidates, campaign officials, and the general public.
6. Practice the highest level of ethics and stewardship. Election officials have a duty to expend public funds carefully and foster respect among employees and volunteers.
7. Advance professional excellence. Election officials have a duty to stay informed about election laws and new developments in election management.

As ALI President David F. Levi commented, “It is my hope that the thoughtful and detailed document that this team produced will contribute to the rule of law, will increase citizens’ trust in elections, and will ultimately help protect democracy.”

Lawyers as leaders would be well advised to review the Report in detail and determine how they can help promote its principles in their localities. At a practical level, engaging with election administration officials to discuss how best to implement its principles more widely would be a good starting point. 

For example, as the ALI group noted, “to implement the principle of adherence to the law, a county election director might be directed to seek legal counsel when the law is ambiguous; a polling place officer might be directed to seek guidance from the local election office when the official is uncertain how to handle a situation at the polls.”

This proactive, nonpartisan activity is particularly well-suited for the legal profession’s involvement. It represents a unique way that those conversant with both law and ethics can help instill greater confidence in a fundamental pillar of American democracy—a free and fair electoral process.

Stuart N. Brotman is a member of the College of Law’s Institute for Professional Leadership Advisory Board. He is the Alvin and Sally Beaman Professor of Journalism and Media Law, Enterprise, and Leadership in the School of Journalism & Media, College of Communication & Information, University of Tennessee, Knoxville. Professor Brotman is an Elected Member of The American Law Institute.