TOPEKA, Kan. (AP) — The sheriff in Kansas' most populous county says he took it for granted that local elections ran smoothly — until former President Donald Trump lost there in 2020.
Now he's assigned detectives to investigate what he claims is election fraud, even though there has been no evidence of any widespread fraud or manipulation of voting machines in 2020. Calvin Hayden in Johnson County, which covers suburban Kansas City, isn't the only sheriff in the U.S. to try to carve out a bigger role for their office in investigating elections.
Promoters of baseless conspiracy theories that the last presidential election was stolen from Trump are pushing a dubious theory that county sheriffs can access voting machines and intervene in how elections are run — and also have virtually unchecked power in their counties.
Voting-rights advocates and election experts said any attempts by law enforcement to interfere in elections would be alarming and an extension of the threat posed by the continued circulation of Trump's lies about the 2020 election.
“What we have seen time and again is that those who support the ‘Big Lie’ find conduits to groups of people who they think can help perpetuate this conspiracy theory and erode confidence in elections and potentially cast doubt on them going forward,” said David Levine, a former election official who is now a fellow with the Alliance for Securing Democracy, a nonpartisan institute with staff in Washington and Brussels whose mission involves combatting efforts to undermine democratic institutions.
To be sure, law enforcement can play an important role in elections by sharing intelligence, protecting election workers and equipment, and investigating potential election crimes. But that is typically done after election administrators request the help.
Hayden appeared at the “FreedomFest” in Las Vegas earlier this month, held by the Constitutional Sheriffs and Peace Officers Association, although his office said he is not a member of the group.
Onstage with him were sheriffs Dar Leaf of Barry County in southwest Michigan and Chris Schmaling of Racine County in Wisconsin, south of Milwaukee. Both say they are investigating election fraud claims, and both accuse state officials of violating election laws.
“We’ve been educating ourselves about elections,” Hayden told the gathering. “I've sent my detectives through — I’ve got a cyber guy. I sent him through to start evaluating what’s going on with the machines.”
Hayden, a Republican, did not elaborate and declined to be interviewed this week, citing what he said was his ongoing investigation. State and local election officials in Kansas said his office has not gained access to voting machines, and other Johnson County officials said there are no indications of any problems with the 2020 elections there.
The constitutional sheriffs' group declares on its website that a sheriff's power in a county is greater than that of any other official and "even supersedes the powers of the President.” Leaf filed a lawsuit in June against Michigan's attorney general and secretary of state, accusing them of trying to stifle his investigation. He said a sheriff “has no superiors in his county.”
The “constitutional sheriffs” movement has gained visibility in recent years, as some sheriffs — including Hayden — resisted enforcing mask or vaccination requirements during the coronavirus pandemic.
“All of a sudden, it’s like the lights went on. It’s the sheriffs,” said Catherine Engelbrecht, founder of the election-conspiracy group True the Vote, speaking as part of a panel at the recent constitutional sheriffs gathering in Las Vegas. “That’s who can do these investigations. That’s who we can trust.”
It's not clear how many sheriffs are part of the movement, though the national group's founder, Richard Mack, said last year that about 300 of the nation's 3,000 sheriffs were members, according to The Washington Post. Mack did not respond this week to telephone and email requests for an interview.