Democratic leaders filed a federal lawsuit to block the Trump administration from deploying armed federal agents to polling locations during the November midterms, saying the threat of such a presence could intimidate voters. The complaint, filed in Washington, D.C., names immigration and law-enforcement agencies and cites a federal law that generally bars armed federal personnel from election sites and provisions of the Voting Rights Act. Plaintiffs seek a court order barring armed officers from polling places, ballot drop boxes and post-election processing areas from early voting through final ballot counts. The suit follows similar challenges from civil-rights groups, unions and the city of Denver.
Democrats Sue To Bar Armed Federal Agents From Polling Places Ahead Of Midterms
FBI Director Kash Patel testified to lawmakers that he would be prepared to send agents to polling places "if there's a reason to go there because there's been a violation of law" (Roberto Schmidt)
Democratic leaders have filed a federal lawsuit seeking to prevent the Trump administration from deploying armed federal agents to polling locations during November's midterm elections, arguing that even the prospect of such deployments could intimidate voters and suppress turnout.
The complaint, filed late Wednesday in U.S. District Court in Washington, D.C., names immigration and law-enforcement agencies and contends they have asserted authority to station armed officers at voting sites despite long-standing federal limits on such deployments. Senate Democratic Leader Chuck Schumer and House Democratic Leader Hakeem Jeffries joined campaign organizations for members of Congress and governors as plaintiffs in the case.
Administration officials have said there is no formal plan to post agents at polling places, but several senior officials stopped short of ruling out deployments under certain circumstances. Department of Homeland Security Secretary Markwayne Mullin said this month that immigration agents might appear at voting sites in response to a threat or to serve a warrant. FBI Director Kash Patel told senators that agents would go to polling places "if there's a reason to go there because there's been a violation of law."
“Well you know what? I'd do anything necessary to make sure we have honest elections,” President Trump told reporters when asked in May whether he would send National Guard or immigration agents to voting locations.
Democrats argue those public statements and agency comments effectively amount to a policy authorizing a federal presence at polling places and could deter voters—particularly naturalized citizens and other communities that may fear encounters with immigration enforcement. As the complaint notes, “Voters need not actually be arrested, questioned, or even approached” for the mere threat of federal officers to have an intimidating effect.
The plaintiffs cite a federal statute that generally bars armed federal personnel from election sites except when necessary to repel armed enemies, along with provisions of the Voting Rights Act that prohibit voter intimidation. They ask the court to enjoin armed federal officers from operating around polling places, ballot drop boxes and other locations where votes are cast, collected or counted, covering the period from early voting through post-election ballot processing.
The lawsuit also points to several incidents earlier this year in which immigration agents appeared near voting sites, which the plaintiffs say underscore the need for the court's relief. The new case follows similar legal actions brought by civil-rights groups, labor unions and the city of Denver seeking limits on federal law-enforcement activity at or near polling places.
The litigation sets up a legal test of how far federal agencies may go in deploying armed personnel around elections and raises broader questions about the line between legitimate law enforcement and actions that could chill voter participation.
Help us improve.
