Many US election deniers have been bombarding local election officials with a plethora of paperwork and thousands of Freedom of Information Act (FOIA) requests over the past three years. This flood of requests has left election workers in a state of constant demand, with some offices reporting having to juggle public records requests from 9 to 5 daily. Tammy Patrick, CEO of the National Association of Election Officials, has highlighted the unsustainable nature of this situation, indicating that these officials have had to prioritize responding to FOIA requests at the expense of their actual election duties.
The situation in Washington state serves as a stark example of the impact of these requests on election officials. Following the 2020 presidential elections, the state’s voter registration database was inundated with FOIA requests, prompting the legislature to step in and pass new laws. These laws were aimed at rerouting the requests to the Secretary of State’s office in an attempt to alleviate the burden on local elections workers. Democratic state senator Patty Kederer, a cosponsor of the legislation, highlighted the financial strain that these requests can place on smaller counties, potentially overwhelming them with processing demands.
With the advent of generative AI technology, experts and analysts have raised concerns about the potential for election deniers to exponentially increase the volume of FOIA requests. Tools like OpenAI’s ChatGPT and Microsoft’s Copilot have made it easier than ever to produce requests that are indistinguishable from those created by humans. Moreover, these requests can reference state-level laws, adding an additional layer of complexity for already strained election workers. Zeve Sanderson, director of New York University’s Center for Social Media and Politics, emphasized the past misuse of FOIA requests and the proficiency of large language models in generating such requests.
Unforeseen Consequences
The consequences of this trend are ominous, particularly in an election year where threats against election workers are on the rise. Governments and AI companies appear ill-equipped to handle the potential abuse of these systems by individuals seeking to disrupt the electoral process. The flood of FOIA requests could overwhelm local elections officials, diverting their attention from critical election administration tasks. In essence, these requests not only serve as a hindrance to the smooth functioning of elections but also pose a threat to the integrity of the electoral process.
The impact of election deniers on the processing of FOIA requests cannot be understated. The relentless barrage of requests, coupled with the sophisticated capabilities of generative AI technology, has created a volatile environment for election officials. Without robust measures in place to regulate and mitigate the abuse of FOIA requests, the very fabric of democracy is at risk of being undermined. It is imperative for policymakers, AI companies, and election officials to collaborate on strategies that safeguard the electoral process and uphold the principles of transparency and accountability.
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