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Payton Armstrong at MMFA:

Sheriffs associated with the anti-democratic “constitutional sheriff” movement — which falsely asserts that sheriffs represent the highest law of the land — have used their positions to investigate baseless election conspiracy theories across the country, including in key swing states. Many of these so-called constitutional sheriffs have also used right-wing media appearances to spread the movement’s talking points, claiming that the country’s 3,000 sheriffs “have awesome power” to enforce their views. They've also spread misinformation about voter fraud, fearmongered about migrants coming across the border, and vowed not to enforce federal or state gun control laws or COVID-19 mandates. Media Matters found that a dozen sheriffs connected to the constitutional sheriff movement’s leading groups have been featured in right-wing media in recent years, including 6 sheriffs who have appeared on Fox News at least 103 times combined since January 1, 2020. Many of the sheriffs have also repeatedly appeared on One America News and other far-right outlets.

So-called “constitutional sheriffs” are part of a growing movement falsely claiming they have ultimate authority to decide whether a law is constitutional

The constitutional sheriff movement falsely asserts that sheriffs represent the highest law of the land, answering only to the U.S. Constitution and superseding any state or federal authority, including the president. The Southern Poverty Law Centers says that sheriffs who adhere to this ideology “are under the false impression that their role as sheriffs allows them to circumvent the structure of checks and balances put in place by the Constitution.” SPLC also argues that the movement is “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.” According to States United Democracy Center, “many aspects of sheriffs’ roles are controlled by state constitutions and/or statutory law, including their duties, compensation, terms of elections, and procedures for removal.” [Southern Poverty Law Center, accessed 6/25/24, 6/6/22; States United Democracy Center, 10/4/22]

Two leading groups promoting the constitutional sheriff movement’s ideology are the Constitutional Sheriffs and Peace Officers Association (CSPOA) and Protect American Now (PAN). CSPOA and PAN — which were formed by former Graham County, Arizona, Sheriff Richard Mack and current Pinal County, Arizona, Sheriff Mark Lamb, respectively — teach sheriffs that they have the authority to exert more control over the voting process and the border, and they encourage sheriffs to refuse to enforce gun control laws or COVID-19 mandates they deem unconstitutional. [Southern Poverty Law Center, accessed 6/25/24; The Washington Post, 11/2/21]

CSPOA and PAN have increasingly turned their focus toward promoting election denial, such as urging sheriffs to investigate supposed voter fraud. During the 2022 midterms, CSPOA encouraged sheriffs to closely monitor for voter fraud, and ahead of the 2024 election, the group is reportedly urging sheriffs to insert themselves into more aspects of the voting process. CSPOA and PAN have worked with other extremist groups to monitor drop boxes, including the QAnon-linked election denial organization True the Vote. [Talking Points Memo, 4/18/24, 8/8/24; The New York Times, 7/25/22; The Guardian, 8/17/22]

There is reportedly growing acceptance of the constitutional sheriff movement’s ideology among sheriffs across the country. Since 2018, at least 69 sheriffs out of 3,000 nationwide have either been identified as members of CSPOA or publicly supported it, according to the Arizona Center for Investigative Reporting. But CSPOA’s ideology may be more pervasive: A Marshall Project survey of over 500 of the country’s sheriffs found that more than 48% of respondents agreed that their authority within their own counties supersedes that of the state or federal government. Additionally, CSPOA has “continued to recruit sheriffs into their group and its related ideology through events targeting law enforcement, an online television show and membership in their association.” [Southern Poverty Law Center, accessed 6/25/24; The Associated Press, 8/21/23; Arizona Center for Investigative Reporting, 10/20/22; The Marshall Project, 10/18/22]