By Rachel Goldwasser

A smattering of county sheriffs across the U.S. tested the limits of democracy in 2022, with an assist from extremist law enforcement groups.

These constitutional sheriffs are devoted members of an antigovernment extremist movement that believes sheriffs are the highest authority in the country, above even the president. They usurp the duties of the Supreme Court by personally deciding which U.S. laws are legitimate and whether to enforce them.

These sheriffs are actively damaging the nation’s rule of law and attempting to shape the U.S. into a country where fringe law enforcement officers determine what human, civil and property rights they will enforce.

In the U.S., where the justice system already perpetuates great inequities that disproportionately effect people of color, these members of law enforcement further undermine equal justice under the law.

In 2022, constitutional sheriffs’ ideology intruded into another facet of democracy: elections. Members melded their extremist positions with their law enforcement authority to investigate rogue, conspiratorial allegations of fraud in the 2020 presidential election and brought doubt into the legitimacy of the 2022 midterm elections.

Two extremist law enforcement groups, Constitutional Sheriffs and Peace Officers Association (CSPOA) and Protect America Now (PAN), led these efforts.

CSPOA radicalizes sheriffs and the public through law enforcement training, presentations to lawmakers and civilians, online media and books written by the group’s founder Richard Mack. The organization is linked to extremists, including Oath Keepers, sovereign citizens, neo-confederates and white nationalists.

PAN was founded by political operatives and is less outspoken about their constitutional sheriff beliefs, but most of their advisory board and members are constitutional sheriffs whose ideology has shaped the organization at large. PAN has focused its attention on immigration issues, supporting the anti-immigrant hate group Federation for Immigration Reform (FAIR) in its efforts to demonize migrants and lobby for policies that reflect this.

Beginning in the summer of 2022, both organizations worked with election conspiracy group True the Vote, whose founders participated in the film 2000 Mules, which promotes the “Big Lie,” the conspiracy theory parroted by former President Trump that the 2020 presidential election was rigged.

The Sheriffs Alliance Interfering with U.S. Elections

Photos credits: Donald Trump: James Devaney/GC Images; Michael Flynn: Chris Kleponis/AFP via Getty Images; Sidney Powell: Drew Angerer/Getty Images; Catherine Engelbrecht: Samuel Corum/Anadolu Agency/Getty Images; Lin Wood, Mark Lamb, Richard Mack: Gage Skidmore; Gregg Phillips: CNN Screen Shot via Texas Tribune

CSPOA posted a press release to its website on May 24, 2022, calling on local law enforcement agencies to investigate the 2020 election. The organization’s leaders and member sheriffs repeated the claim on July 12 at a CSPOA press conference in Las Vegas, Nevada. Sheriffs that were investigating and those considering it spoke publicly about their efforts and repeated themselves a day later at the Libertarian Freedom Fest in Las Vegas.

True the Vote announced its partnership with PAN on June 22, calling it ProtectAmerica.Vote. The group advertised that the effort was intended to teach sheriffs about their state election laws and provide them with grants to investigate alleged voting violations. The partnership included a plan to build a “National Election Integrity Voter Hotline” that would be linked to sheriffs’ offices and promote their cause in an informational campaign starting Aug. 1.

Multiple sheriffs affiliated with CSPOA and PAN spent the year attempting to investigate the 2020 election or interfering in the 2022 midterm elections. A group of devout constitutional sheriffs from Arizona, Michigan and Wisconsin were the most egregious.

Arizona’s Constitutional Sheriff Problem

Mark Lamb, sheriff of Pinal County, Arizona, and PAN leader acted as the face of the PAN True the Vote partnership. In an interview published in the right-wing media source American Greatness on July 20, Lamb claimed that he was “disturbed” by talk of a law enforcement focus on domestic violence threats, that the feds had no jurisdiction over his county and that if they tried to push what he called unconstitutional mandates, “We would stop them,” Lamb said.

David Rhodes, Sheriff of Yavapai County, Arizona, has been linked to CSPOA and the Oath Keepers, and most recently an Oath Keepers offshoot organization, the Yavapai County Preparedness Team (YCPT). YCPT and the group Lions of Liberty formulated a plan to stake out and film Arizona ballot drop boxes for cases of fraud. At a July 23 YCPT meeting, group leader Jim Arroyo told members, “We have already coordinated with Sheriff Rhodes, and he told us if we see somebody stuffing a ballot box, and we get a license plate, they will make an arrest, and there will be a prosecution. Bottom line.” YCPT and Lions of Liberty eventually halted monitoring after a lawsuit was filed against them by Protect Democracy on behalf of the League of Women Voters asserting the group was engaging in voter intimidation.

Militias, Elections and Plots in Midwest

Dar Leaf, Sheriff of Barry County, Michigan, is a lifetime member of CSPOA. He received the group’s Sheriff of the Year award in 2017. On May 18, 2020, Leaf appeared at a protest alongside members of the Michigan Liberty Militia (MLM), whose members were found guilty in 2022 of a 2020 plot to kidnap Michigan Gov. Gretchen Whitmer.

Leaf was asked if he regretted having shared a stage with MLM members, and he replied, “It’s just a charge, and they say a ‘plot to kidnap,’ and you got to remember that. Are they trying to kidnap? Because a lot of people are angry with the governor, and they want her arrested. So, are they trying to arrest or was it a kidnap attempt? Because you can still in Michigan if it is a felony, make a felony arrest.”

In December 2020, Leaf began his investigation into the presidential election. Leaf’s attorney Carson Tucker reached out to Trump allies, including conspiracy theorist and former Trump administration national security adviser Michael Flynn, attorney Sidney Powell and Lin Wood’s Fight Back Foundation asking for information regarding "counties that have been potentially compromised.” Leaf tried to seize the voting machines from those counties to run his own investigation. In 2021 Leaf also worked with a private investigator who partnered with a sheriff’s deputy to question county clerks in six Michigan townships. After learning that the state was investigating his own investigation, on June 3, 2022, Leaf sued the Michigan attorney general, secretary of state and members of the state troopers for illegal interference. His claims in his lawsuit were dismissed by a Michigan judge on Aug. 29, 2022.

Leaf’s extremist election denial continued through 2022 as he made claims of voter fraud at the July CSPOA True the Vote press conference, FreedomFest in Las Vegas and to CSPOA members after the midterms. Leaf has gone so far as to call for sheriffs to host common law grand juries on the 2018 “stolen election” conspiracy. This type of grand jury is promoted by the National Liberty Alliance, a sovereign citizen group Leaf has worked with.

Christopher Schmaling, Sheriff of Racine County, Wisconsin, has also closely affiliated with CSPOA. He has appeared on Sheriff Mack’s online show and presented with CSPOA at 2022 FreedomFest. Schmaling, who was once the keynote speaker at a Trump rally, launched his own investigation into alleged 2020 voter fraud.

In 2021, Sheriff Schmaling tried to have nursing home staff and the majority of the Wisconsin Election Commission (WEC) arrested. He claimed they committed voter fraud after the WEC changed a policy during the pandemic that allowed nursing home staff to assist residents with their ballots in 2020. The Racine County District Attorney’s office declined to prosecute.

Ironically, in 2022, Schmaling refused to charge Harry Wait, leader of the group H.O.T. Government, who requested multiple absentee ballots using false information. When asked about it, Wait said, “Basically, I committed a crime when I ordered them. I emailed Sheriff Schmaling, asked if he was going to arrest me, and he said, ‘hell no.’ ” The Wisconsin attorney general’s office began an investigation July 29, 2022.

Schmaling also presented at 2022 FreedomFest, alongside other election denying sheriffs.

Unfortunately, these men have made a significant impact, using their power as law enforcement officials to make and investigate spurious allegations and gotten their ideas in front of a wide audience. Fortunately, these men represent a fringe movement, one many law enforcement officers still refuse to participate in.

While multiple Arizona sheriffs including Sheriffs Lamb and Rhodes joined the constitutional sheriff’s movement and meddled in U.S. elections, making the process more fraught for voters, another Arizona sheriff, Paul Penzone of Maricopa County, Arizona, exemplified the legitimate role of sheriffs: He chose to denounce the same extremist ideology and support democracy rather than participate in actions or groups working to damage it.

In in the run-up to the 2020 election, Penzone said in a press release, “With the same conviction we display when taking the oath of office, we must commit to practice impartial and nonpolitical actions during the course of our duties.” He continued, “Denying, ignoring or refusing to recognize and apply the laws as they are written is not within the authority of law enforcement professionals. Terms such as ‘Sanctuary’ county become an excuse to circumvent the law and defy due process and democracy.”

Then again on Nov 12, 2022, when speaking to the groups and politicians targeting elections and voting facilities, Penzone told the press he would not stand for any threat to voting, voting facilities or election workers.

“We are seeing a radical movement, including some local law enforcement, of people who are committed to destroying trust in our system for their own selfish gain,” Penzone told the press in August as the 2022 midterm elections heated up. “We must fight against it, or our nation will no longer be the democratic standard.”

Rejecting constitutional sheriffs in policy

All law enforcement can play a role in minimizing the harm from the constitutional sheriff movement. They can resist disinformation and conspiracy theories. They can resist recruitment into extremist groups like CSPOA, PAN and the Oath Keepers that actively prey on them. County sheriffs and police chiefs can push back on the notion that their function is to interpret the law rather than enforce it. The National Sheriffs Association can finally decide that there is no place for extremism among their ranks and refuse membership to sheriffs who actively promote antigovernment ideologies, including constitutional sheriffs.

State leaders can ensure that board members of their state police officer trainings and certification programs (POST) are not constitutional sheriffs or affiliated with extremists. These same boards can also create rules that prevent extremists from conducting official law enforcement training in their state.

States should limit the role of sheriffs’ posse members or deputized private citizens to core law enforcement functions – not election administration. And federal and state authorities should ensure that constitutional sheriffs do not engage in voter intimidation or intervene or interfere in election administration in any way.

Congress can ensure no federal funds are used for training that promotes CSPOA propaganda. Congress should investigate all law enforcement departments’ links to extremism. Law enforcement officials who self-identify as constitutional sheriffs, engage in election interference or otherwise violate the Department of Justice’s new Title VI protocols prohibiting discriminatory conduct, should be ineligible to receive federal funds.

Every level of government from national, state, and local law enforcement organizations should publicly reject the views and practices of constitutional sheriffs – and should not permit these individuals to serve in leadership positions.

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