Poli Alert Politics & Civics
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Jimmy Williams
Several Republican-led states are pushing back against federal election monitoring, raising tensions just days before a tight presidential election between Democratic nominee Kamala Harris and Republican nominee Donald Trump. Florida, Texas, and Missouri are all resisting the Department of Justice’s long-standing practice of monitoring polling sites to ensure compliance with federal voting laws. Missouri and Texas have filed lawsuits to block DOJ monitors from entering polling places, while Florida has formally barred federal monitors from polling sites across the state.
The Justice Department, which announced last week that it would deploy election monitors in 86 jurisdictions across 27 states on Election Day, insists its presence is crucial to protect voting rights, especially for communities of color and individuals with disabilities.
Decades-Long Federal Monitoring Under Threat
Election monitors from the DOJ are typically attorneys from the Civil Rights Division and U.S. attorney’s offices, not law enforcement officers. For nearly 60 years, federal election monitoring has been a bipartisan initiative, focused on ensuring that polling places comply with the Voting Rights Act and the Americans with Disabilities Act, among other federal statutes. “The Department of Justice has a nearly 60-year history of addressing Election Day issues to safeguard the voting rights of Black citizens and other communities of color,” said Edward Casper, acting co-chief counsel at the Lawyers’ Committee for Civil Rights Under Law. However, Republican officials argue that DOJ monitors are not permitted inside polling places.
Missouri and Texas File Lawsuits Against DOJ Presence
Missouri was the first to take legal action on Monday, with Secretary of State Jay Ashcroft accusing the DOJ of “attempting to illegally interfere in Missouri’s elections.” Ashcroft argues that Missouri law restricts who can be present in polling places and excludes federal officials. In response, the DOJ filed court papers urging the judge to reject Missouri’s request, asserting that its monitoring activities are permitted under a 2021 settlement with the St. Louis Board of Election Commissioners. This agreement, stemming from an ADA compliance issue, grants DOJ officials access to polling places in St. Louis to ensure accessibility standards are met.
Similarly, Texas filed a lawsuit seeking a permanent injunction against federal monitoring at polling places, with Texas Secretary of State Jane Nelson stating, “Texas law is clear: Justice Department monitors are not permitted inside polling places where ballots are being cast or a central counting station where ballots are being counted.”
Florida Bars DOJ Monitors, Citing State Authority
In Florida, Secretary of State Cord Byrd sent a letter to the DOJ barring federal election monitors from polling sites. He cited a state law that outlines who may enter polling locations, excluding DOJ officials. Byrd assured federal authorities that Florida will deploy its own monitors to prevent interference with the voting process. Florida and Texas are two of the most politically significant states where DOJ monitors planned to operate, along with Arizona, Michigan, and Pennsylvania.
Election Monitors’ Critical Role in Battleground States
Election monitoring is set to be especially significant in battleground areas that were central to 2020 election disputes, such as Maricopa County, Arizona, and Fulton County, Georgia. These locations are already under scrutiny as the tight race between Harris and Trump fuels potential legal challenges to vote counts. DOJ monitors are expected in various jurisdictions across the country, including areas with large Black and Hispanic populations, such as Detroit, Milwaukee, and Cuyahoga County, Ohio. Civil rights advocates argue that these monitors are essential to combat voter intimidation and ensure federal laws are upheld.
GOP Response to Federal Election Monitoring
In response to the DOJ’s monitoring plans, GOP officials have criticized federal involvement as unnecessary interference. A statement from Texas Secretary of State Jane Nelson said that “Texas has a robust process and procedures in place to ensure that eligible voters may participate in a free and fair election.” Meanwhile, Florida Secretary of State Cord Byrd echoed similar sentiments, asserting that state officials would ensure “no interference” with the voting process.
The DOJ’s election monitoring program has historically transcended party lines, supported by Republican and Democratic administrations alike. However, Republican-led resistance this year, combined with Trump’s repeated warnings of potential voter fraud, has further raised tensions as the nation prepares for Election Day. The outcome of these legal battles and the extent of federal presence at polling sites could shape the 2024 election and influence future federal oversight of elections in GOP-led states.
