Fact checking DHS Secretary Kristi Noem on her agency’s role in the election

This article originally appeared on PolitiFact.

Homeland Security Secretary Kristi Noem made comments that could lead people to misinterpret her agency’s role in elections as she pushed for legislation that would require a photo ID for voting and documentary proof of citizenship for voter registration.

He watches: DHS Secretary Noem speaks about the SAVE Act and election security in Phoenix

“Although the Constitution gives states primary responsibility for administering their own elections, Congress also grants powers and duties to the federal government,” Noem said Feb. 13 at a news conference. “Now, as Secretary of the Department of Homeland Security, these authorities fall within my department. The responsibility lies with me.”

Her comments came two days after House Republicans passed the Save America Act, legislation supported by President Donald Trump.

Noem then described what she said was her role in the election:

“I have a responsibility to not only point out the various weaknesses that we might see in our election systems, but also to make sure that we put forward mitigation measures that can be enacted at the state and local level to make sure that our elections are conducted properly, that the votes are counted and tabulated, and that the people who are elected are placed in those positions.”

Read more: What to know about how the Save America Act could change voting

The phrase she later used about making sure “we have the right people voting, electing the right leaders” alarmed Democrats.

After CNN anchor Jake Tapper questioned her comments about “the right people” voting, Noem responded on X: “We must build an election infrastructure that makes it easy and safe for eligible American citizens to vote — while preventing non-citizens, including illegal aliens, from casting ballots. The choice of who we vote for is clearly up to the voters themselves.”

States administer elections while homeland security plays a very limited role. We contacted Noem’s agency for evidence to support her statements and received no response.

The Homeland Security Agency helps protect elections, but does not administer them

In 2018, Trump signed legislation creating the Cybersecurity and Infrastructure Security Agency within the Department of Homeland Security to protect critical infrastructure including elections from physical and cyber threats. The agency says such infrastructure is considered absolutely vital and, if disabled or destroyed, would harm national security, public health or safety.

The agency works with state and local governments, election officials, federal and private sector partners to manage risks to voting sites, databases and equipment.

CISA provides these partners with rapid security alerts, training, physical and cybersecurity assessments of election facilities.

Read more: Why voting rights groups warn the SAVE Act could make it harder for married women to vote

Wendy Weiser, an attorney at the left-leaning Brennan Center for Justice at New York University School of Law, responded to Noem’s statements in an X post, saying the Department of Homeland Security is not responsible for the election.

“There is no law that ‘delegates’ authority in elections to the Department of Homeland Security. There is none,” Weiser wrote. “There are laws that give DHS duties with respect to critical infrastructure in America, but they do not make DHS responsible for that infrastructure, especially elections.”

The agency provides risk assessments, advice and support, “but only on a voluntary basis,” Weiser wrote.

The law that created CISA states that the agency “provides, upon request, analysis, expertise, and other technical assistance to owners and operators of critical infrastructure” and when appropriate, shares it with other agencies.

Read more: The House GOP is pushing strict citizenship proof requirements for voters ahead of the midterm elections

Thanks to CISA security training, Rhode Island election workers knew how to respond in September 2024 when an envelope containing white powder with the return address “American Traitor Elimination Army” arrived at the state Board of Elections. CISA has already distributed physical and cybersecurity checklists with tips on how to deal with such a threat.

What agencies oversee the counting and tallying of votes?

Local governments tabulate the votes.

Noem rightly acknowledged that “the Constitution gives states primary responsibility for administering their own elections.” The Constitution delegates to states the power to determine the “times, places, and manner” of holding congressional elections, while Congress can pass election laws.

Congress has passed only a few laws related to state election administration, such as the National Voter Registration Act, which sets certain voter registration requirements such as requiring government offices to provide opportunities for people to register to vote.

“No one gives the authority to oversee state election administration” to the Department of Homeland Security, said Rebecca Green, a professor at the University of William and Mary School of Law.

CISA “has no independent authority or oversight role in how states administer their elections,” Green said.

Other federal agencies have limited duties in elections. The Department of Justice can file lawsuits alleging violations of federal laws while the Election Assistance Commission tests and certifies election equipment.