In a significant move, several Republican-led states have announced their intentions to prevent federal election monitors from entering polling locations on Election Day, challenging a longstanding practice by the Justice Department aimed at ensuring adherence to federal voting laws.
Officials in states like Florida and Texas have declared that federal election monitors will not be granted access to polling sites on Tuesday. Additionally, Missouri has initiated a federal lawsuit seeking an injunction against federal personnel observing activities inside polling places.
Recently, the Justice Department revealed plans to deploy monitors across 86 jurisdictions in 27 states on Election Day. As of now, the department has not commented on Missouri’s legal action or the decisions made by other states with Republican leadership.
The closely contested race between Democratic candidate Kamala Harris and Republican candidate Donald Trump has both parties preparing for possible legal disputes concerning the vote counts. The Justice Department’s initiative to monitor elections is a practice that has been upheld by both Democratic and Republican administrations and is intended to safeguard federal voting rights.
Election monitors are typically lawyers employed by the Justice Department, specifically from the civil rights division and U.S. attorney’s offices across the nation. It is critical to note that they are not law enforcement or federal agents.
For decades, the civil rights division has dispatched attorneys and staff to monitor polling locations during both federal and state elections, tasked with confirming compliance with federal voting rights regulations.
This division works to uphold several laws that protect voting rights, including the Voting Rights Act, which forbids intimidation or threats toward voters and those counting votes. Additionally, the Americans with Disabilities Act mandates that election officials provide full and equal voting opportunities for individuals with disabilities.
The jurisdictions receiving election monitors from the Justice Department include notable areas such as Maricopa County, Arizona, and Fulton County, Georgia, both of which were focal points for election conspiracy theories during the 2020 elections. Other locations on the list include Portage County, Ohio, where a sheriff faced backlash after suggesting that addresses of individuals displaying Harris yard signs be documented for retaliatory actions.
Federal monitors will also be present in places like Detroit, Michigan; Queens, New York; Providence, Rhode Island; Jackson County, South Dakota; Salem, Massachusetts; Milwaukee, Wisconsin; Manassas, Virginia; Cuyahoga County, Ohio, and Northwest Arctic Borough, Alaska, alongside multiple jurisdictions in Florida and Texas.
As for Missouri, Secretary of State Jay Ashcroft filed the lawsuit on Monday, arguing that state law explicitly limits who can be present at polling places. He accused the federal government of trying to “illegally interfere” in the electoral process.
The lawsuit maintains that Missouri law only permits specific categories of individuals in polling locations, excluding federal officials.
In 2022, the Justice Department attempted to monitor polling places in Missouri, specifically in Cole County, which encompasses Jefferson City, the state capital. County Clerk Steve Korsmeyer stated that access would be denied if federal officials showed up. According to Ashcroft, the Justice Department later backed down after he referenced state law and alleged that the federal agency is now circumventing the issue by reaching out to local election officials directly.
The St. Louis Board of Election Commissioners previously settled with the Justice Department in 2021, focusing on accessibility for individuals with mobility and vision impairments at polling places. The settlement mandates the board to fully cooperate with the Justice Department in compliance monitoring, including providing timely access to polling locations.
In Texas, Secretary of State Jane Nelson communicated in a letter that state law explicitly prohibits Justice Department monitors from entering polling places or ballot counting locations, asserting that Texas has robust processes in place to facilitate fair elections.
Similarly, Florida Secretary of State Cord Byrd informed the Justice Department of state laws regarding polling place access and announced that Florida would send its own monitors to ensure the voting process remains uninterrupted.