WASHINGTON— Some Republican-led states say they will block the Justice Department’s election monitors from going inside polling places on Election Day, pushing back on federal authorities’ decades-long practice of watching for violations of federal voting laws.
Officials in Florida and Texas have said they won’t allow federal election monitors into polling sites on Tuesday. And on Monday, Missouri filed a lawsuit seeking a court order to block federal officials from observing inside polling places. Texas followed with a similar lawsuit seeking to permanently bar federal monitoring of elections in the state.
The Justice Department announced last week that it’s deploying election monitors in 86 jurisdictions across 27 states on Election Day. The Justice Department declined to comment on the moves by the Republican-led states, but filed court papers urging the judge to deny Missouri’s request.
The race between Democratic nominee Kamala Harris and Republican nominee Donald Trump is a dead heat, and both sides are bracing for potential legal challenges to vote tallies. The Justice Department’s election monitoring effort, a long practice under both Democratic and Republican administrations, is meant to ensure that federal voting rights are being followed.
Here’s a look at election monitors and the states’ actions:
Who are the election monitors?
Election monitors are lawyers who work for the Justice Department, including 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 Justice Department’s civil rights division has sent attorneys and staff members to monitor polling places across the country in both federal and non-federal elections. The monitors are tasked with ensuring compliance with federal voting rights laws.
The Justice Department’s Civil Rights Division enforces a number of statutes protecting the right to vote. That includes the Voting Rights Act, which prohibits intimidation and threats against those who are casting ballots or counting votes. And it includes the Americans with Disabilities Act, which mandates that election officials ensure people with disabilities have the full and equal opportunity to vote.
“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 said.
Where are election monitors being sent?
The 86 jurisdictions that the Justice Department will send monitors to on Tuesday include Maricopa County, Arizona and Fulton County, Georgia, which in 2020 became the center of election conspiracy theories spread by Trump and other Republicans. Another place on the list is Portage County, Ohio, where a sheriff came under fire for a social media post in which he said people with Harris yard signs should have their addresses recorded so that immigrants can be sent to live with them if the Democrat wins the presidency.
Other areas where federal monitors will be sent include Detroit; Queens, New York; Providence, Rhode Island; Jackson County, South Dakota; Salem, Massachusetts; Milwaukee; Manassas, Virginia; Cuyahoga County, Ohio; and Northwest Arctic Borough, Alaska. The Justice Department’s monitors will be in St. Louis, four jurisdictions in Florida and eight jurisdictions in Texas.
