Judge limits DOJ poll monitors ahead of Election Day

U.S. District Judge Reggie Walton ordered the Department of Justice to ensure its election monitors are not sworn law enforcement officers on Election Day. The ruling issued Monday night and applies to polling places on November 3. Walton denied the NAACP's request to block the department's monitoring program entirely but imposed strict conditions on who can serve.

The court requires that all monitors be unarmed and out of uniform. They must not display insignia identifying them as federal employees. The NAACP sought a temporary restraining order to stop the deployment of personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Bureau of Prisons. The group argued that the presence of law enforcement could intimidate voters and violate the Voting Rights Act.

Walton found that the NAACP was not likely to succeed on its claim based on the current record. He noted that DOJ representatives assured the court during a hearing that monitors would be administrative or clerical employees. The judge also prohibited monitors from interfering with voters or election officials. They must follow state and local rules and avoid speaking with voters inside polling places. Monitors may only talk to voters outside after those voters have cast their ballots.

The department must verify the employment status of its staff. Walton ordered the DOJ to file a status report by 7 a.m. Eastern Time on Tuesday. The filing must explain how the department confirmed that none of the monitors held arrest powers. In that Tuesday morning filing, the DOJ stated that its Civil Rights Division made reasonable efforts to avoid using sworn officers. This included excluding personnel from the Federal Bureau of Investigation and the Department of Homeland Security.

The ruling comes after allegations that the DOJ planned to send more than 1,000 personnel to polling locations. The department's attorneys told the court that sworn agents and officers would be excluded from the program. They consulted with the Bureau of Alcohol, Tobacco, and Firearms, the U.S. Marshal Service, and the Drug Enforcement Administration to ensure no sworn agents participated. Monitors must introduce themselves to election officials and carry federal credentials if asked to verify their employment.