What can federal agents legally do at polling places? Here’s what voters should know about federal law, election monitors and voter intimidation.
Investigative Photojournalist
With election day quickly approaching, questions about federal agents at polling places have left some voters wondering what is legally possible.
The Trump administration has said it does not plan to send immigration agents to patrol polling places. But Homeland Security officials have said agents could go to a location for specific reasons, such as serving a warrant or responding to a threat. President Donald Trump has also said he would do “anything necessary” to ensure honest elections, without ruling out deploying the National Guard.
Some civil rights groups have already filed a lawsuit asking a federal judge to block armed agents at polling locations.
What does the law say?
Federal law generally does not allow troops or armed personnel to be stationed at a place where an election is being held. The only exception is if an armed enemy of the U.S. is attacking a polling location and federal force is needed.
Voter intimidation is also illegal. Federal law prohibits threats, intimidation or coercion intended to interfere with someone’s right to vote or to choose how to vote. An agent’s presence alone does not establish intimidation. However, conduct that threatens or pressures voters, or deters them from voting, could raise legal concerns.
What about election monitors?
Election monitors and observers have different roles and rules. They can be congressional staff, Justice Department employees or private volunteers.
The Department of Justice has always sent monitors to polling locations in the past. Staff monitors can observe and report on possible violations of federal voting laws. They do not run elections, and in many states they need permission from state or local officials to enter a polling place. Congressional observers have broader access under federal law, but they cannot handle ballots or equipment, interfere with voters or disrupt election operations. Their presence does not give them authority to interfere with voting.
The Justice Department plans to send 1,000 monitors nationwide for this year’s midterms.
What should you do if you feel intimidated?
Do not confront an agent or observer. Tell a poll worker or contact your local election office.
You can also call or text the nonpartisan Election Protection hotline at 866-OUR-VOTE (866-687-8683) for help. The hotline provides voting information and assistance from trained volunteers.
