Nov 2, 2024 Story by: Editor
WASHINGTON (AP) — Republican-led states are pushing back against the Justice Department’s long standing practice of sending federal election monitors to polling locations on Election Day. Officials in Florida and Texas announced they would block these federal monitors from entering polling sites on Tuesday, and on Monday, Missouri filed a lawsuit to prevent federal officials from observing inside polling places. Texas also filed a lawsuit to permanently ban federal monitoring of state elections.
Last week, the Justice Department announced plans to deploy election monitors to 86 jurisdictions across 27 states to watch for compliance with federal voting laws. While the department declined to comment on the lawsuits, it filed court documents urging a judge to reject Missouri’s request to bar federal monitors.
The race between Democratic nominee Kamala Harris and Republican nominee Donald Trump remains close, with both parties preparing for potential legal disputes over vote tallies. The Justice Department has routinely monitored elections under both Democratic and Republican administrations to protect voting rights.
Who Are the Election Monitors?
Election monitors are lawyers from the Justice Department, including those in the civil rights division and U.S. attorney’s offices across the country. They are not law enforcement officers or federal agents. For decades, the department’s civil rights division has sent staff to polling places nationwide during elections to ensure adherence to federal voting rights laws.
The Justice Department’s Civil Rights Division enforces various voting protections, including the Voting Rights Act, which prohibits intimidation of voters or election workers, and the Americans with Disabilities Act, which ensures voting access for people with disabilities.
“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. “While some recent efforts to interfere in this process may appear more bark than bite, they still pose a real threat to civil rights enforcement,” he added.
Where Are Election Monitors Being Sent?
The Justice Department plans to send monitors to several notable jurisdictions, including Maricopa County, Arizona, and Fulton County, Georgia, both of which were central to election conspiracy theories in 2020. Other jurisdictions include Detroit; Queens, New York; Providence, Rhode Island; and Milwaukee. In Missouri, federal monitors will observe polling places in St. Louis as part of a settlement agreement with the St. Louis Board of Election Commissioners.
What’s Happening in Missouri?
Missouri Secretary of State Jay Ashcroft, in filing the lawsuit, claimed that Missouri law “clearly and specifically limits who may be in polling places.” He accused the federal government of “attempting to illegally interfere in Missouri’s elections.” According to the lawsuit, only certain individuals—such as voters, poll workers, and election judges—are permitted inside polling sites.
The Justice Department sought to monitor Missouri polling sites in 2022. Although federal officials planned to observe Cole County polling places, County Clerk Steve Korsmeyer said he would block them. After Ashcroft showed officials Missouri’s law, the federal agency backed down. Ashcroft now contends the Justice Department is “trying to go through the back door” by seeking access from local election officials.
Court documents state the Justice Department has authority in Missouri under a settlement reached in 2021. The agreement, made under Trump’s administration, requires St. Louis to improve polling place accessibility for people with disabilities. Justice Department officials have previously inspected sites under this settlement, which mandates that the St. Louis Board cooperate with federal efforts to ensure accessibility.
Responses from Texas and Florida
Texas Secretary of State Jane Nelson, in a letter to the Justice Department, stated that “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.” Nelson assured that Texas has rigorous procedures to maintain election integrity.
Similarly, Florida Secretary of State Cord Byrd informed the Justice Department that state law restricts access to polling places, excluding federal officials. Byrd added that Florida will send its own monitors to the jurisdictions where the Justice Department plans to deploy staff, emphasizing that these state monitors will ensure the voting process remains uninterrupted. Source: AP News
