A federal judge has rejected the NAACP’s bid to stop the Justice Department from deploying election monitors at polling places, while requiring the department to limit who can serve and what they can do.
In an order issued Monday night, U.S. District Judge Reggie Walton said the monitors must not be sworn law enforcement officers, carry firearms, wear uniforms or display insignia showing they work for a federal agency. The restrictions apply to the DOJ’s Election Day monitoring program on Nov. 3.
Walton said he was not persuaded that monitors who simply observed voters and crowds, without presenting themselves as law enforcement, would cause the average voter to reasonably fear harassment or interference. He added that the department’s public statements about voter fraud and election integrity did not change that conclusion.
The NAACP had asked for a temporary restraining order to prevent the DOJ from sending personnel from agencies including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration and the Bureau of Prisons. The group argued that their presence could intimidate voters and violate the Voting Rights Act.
Walton denied the request without prejudice, saying the record did not currently show that the NAACP was likely to prevail. He said assurances given by DOJ lawyers at a hearing addressed his concerns: the monitors would be administrative or clerical staff, not sworn officers, and would not carry guns.
The judge ordered the department to ensure the monitors are not law enforcement officials, are unarmed, and have no authority to make arrests. They also must not interfere with voters or election officials, must follow state and local rules, and may not speak with voters inside polling places. Outside, they may speak with voters only after those voters have cast their ballots.
Monitors must identify themselves to election officials and carry federal credentials in case officials ask them to confirm their employment. Walton directed the DOJ to submit a status report by 7 a.m. ET Tuesday describing how it verified that no monitors would be law enforcement officers with arrest powers.
The ruling came after allegations that the department planned to send more than 1,000 staff members, including law enforcement agents and investigators, to polling sites. DOJ attorneys told the court that sworn agents and officers would not take part in the program.
