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Republican leaders in several red states are pushing back against the Biden-Harris Department of Justice’s plan to send election monitors to polling sites in their jurisdictions, including Missouri Attorney General Andrew Bailey, who filed suit Monday requesting immediate relief to prevent the feds from “sending unauthorized poll monitors” to polling locations.
The Justice Department announced on November 2 that they will dispatch monitors to polling sites to 86 jurisdictions in 27 states on Election Day to “monitor for compliance with federal civil rights laws in elections.”
The Justice Department’s Civil Rights Division will coordinate the effort. Monitors will include personnel from the Civil Rights Division, other department divisions, U.S. Attorney’s Offices and federal observers from the Office of Personnel Management. Throughout Election Day, division personnel will maintain contact with state and local election officials.
Republican leaders in Texas, Missouri and Florida immediately put out statements saying they would deny the DOJ access to their polling sites. The DOJ is hoping to send election monitors to eight counties in Texas, one county in Missouri, and four counties in Florida, all of which ask for a photo I.D. to vote.
“Texas law is clear: Justice Department monitors are not permitted inside a polling place where ballots are being cast or central counting station where ballots are being counted,” Texas Secretary of State Jane Nelson wrote in a letter to the DOJ.
“As a reminder, DOJ monitors are not permitted inside a polling place under Florida law,” Florida Secretary of State Cord Byrd wrote in a letter to the DOJ Civil Rights Division.
“Even if they could qualify as ‘law enforcement’ under section 102.031 (3)(a) of the Florida Statutes, absent some evidence concerning the need for federal intrusion, or some federal statute that preempts Florida law, the presence of federal law enforcement inside polling places would be counterproductive and could potentially undermine confidence in the election.” Byrd said.
On Monday, Missouri AG Andrew Bailey announced that he has filed suit in the U.S. District Court for the Eastern District of Missouri against the U.S. Justice Dept., Attorney General Merrick Garland, and Assistant Attorney General for the Civil Rights Division Kristen Clarke, seeking immediate relief before election day to prevent the feds from “sending unauthorized poll monitors to Missouri polling locations.”
To secure elections, Missouri has exercised its traditional election authority “by enacting a law that strictly limits who, besides voters, can be present in a polling location,” Bailey argued in the complaint.
Poll monitors employed by DOJ are not on that list. Yet without specifically citing any federal authority authorizing its actions, DOJ announced on Friday November 1. its intent to displace Missouri law and place unauthorized poll monitors in polling locations in the City of St. Louis. 2. This lawsuit asserts claims under the Administrative Procedure Act, 5 U.S.C. § 500 et seq., challenging DOJ’s decision to send staff to polling places in Missouri to monitor the November 5, 2024, general election.
“The law is clear that Kamala Harris can’t just send unvetted individuals into our polling places,” Bailey wrote on X. “It’s illegal and undermines trust in our elections.”
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