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Some Republican-led states refuse to let Justice Department observers into polling places
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Some Republican-led states refuse to let Justice Department observers into polling places

WASHINGTON — Some Republican-led states say they will block Justice Department election observers from entering polling places on Election Day, pushing back against federal authorities’ decades-long practice of monitoring violations of federal election laws.

Authorities in Florida and Texas said they would not allow federal election observers into polling locations on Tuesday. And on Monday, Missouri filed a federal lawsuit seeking a court order to prevent federal officials from observing inside polling places.

The Justice Department announced last week that it would deploy election observers to 86 jurisdictions across 27 states on Election Day. The Justice Department declined to comment Monday on the Missouri lawsuit and actions taken by other Republican-led states.

Close race exacerbates tensions

The race between Democratic candidate Kamala Harris and Republican candidate Donald Trump is a stalemate, and both sides are bracing for possible legal challenges over the vote count. The Justice Department’s election oversight effort, a long-standing practice under both Democratic and Republican administrations, aims to ensure that federal voting rights are respected.

Here’s a look at election observers and state actions:

Understanding Election Observers

Election observers are lawyers who work for the Justice Department, including in the civil rights division and in U.S. attorneys’ offices across the country. They are not law enforcement or federal agents.

For decades, the Justice Department’s Civil Rights Division has sent lawyers and staffers to monitor polling places across the country in federal and non-federal elections. Observers are responsible for ensuring compliance with federal voting rights laws.

The Civil Rights Division of the Department of Justice enforces a number of laws protecting the right to vote. This includes the Voting Rights Act, which prohibits intimidation and threats against those who vote or count votes. And that includes the Americans with Disabilities Act, which requires election officials to ensure that people with disabilities have a full and equal opportunity to vote.

Targeted Monitoring Locations

The 86 jurisdictions the Justice Department will send observers to Tuesday include Maricopa County, Arizona, and Fulton County, Georgia, which in 2020 became the center of election conspiracy theories propagated by Trump and other Republicans. Another place on the list is Portage County, Ohio, where a sheriff was criticized for a social media post in which he said people with Harris signs should have their addresses registered so immigrants could be sent to live with them if the Democrat wins. the presidency

Other areas where federal observers will be sent include Detroit, Michigan; Queens, New York; Providence, Rhode Island; Jackson County, South Dakota; Salem, Mass.; Milwaukee, Wis.; Manassas, Virginia; Cuyahoga County, Ohio and Northwest Arctic Borough, Alaska. Justice Department observers will be in St. Louis, Missouri; four jurisdictions in Florida and eight jurisdictions in Texas.

Missouri’s legal challenge

In filing the lawsuit Monday, Missouri Secretary of State Jay Ashcroft said state law “clearly and specifically limits the number of people who can go to polling places.” He also accused the federal government of “attempting to illegally interfere in Missouri’s elections.”

The lawsuit says Missouri law “only allows certain categories of persons to be present at polling places, including voters, minor children accompanying voters, poll workers, election judges, and others.” ”, and not federal civil servants.

The Justice Department also sought to monitor Missouri polling places in 2022. The agency planned to have officials in Cole County, which includes Jefferson City, the state capital. County Clerk Steve Korsmeyer had said he wouldn’t let them in if they showed up.

The federal agency backed down after Ashcroft showed Justice Department officials the state law, Ashcroft said. He says the Justice Department is now “trying to go through the back door” by contacting local election officials to gain access.

Messages were left Monday with the St. Louis Board of Election Commissioners.

The St. Louis Board of Election Commissioners reached a 2021 agreement with the Justice Department aimed at ensuring that people with mobility and vision impairments can access polling places after federal officials discovered problems, such as ramps that were too steep and parking inaccessible, according to court documents. The agreement, which expires next year, states that the board must “cooperate fully” with the Department of Justice’s efforts to monitor compliance, “including, but not limited to, providing the United States with timely access to voting locations (including on Election Day).”

Responses from other States

In a letter to the Justice Department on Friday, Texas Secretary of State Jane Nelson said that “Texas law is clear: Department of Justice observers are not permitted inside the premises.” where ballots are cast or at a central counting office where ballots are counted. »

“Texas has robust processes and procedures to ensure that eligible voters can participate in free and fair elections,” Nelson wrote.

In a similar letter Friday, Florida Secretary of State Cord Byrd told the Justice Department that Florida law lists who is allowed to enter the state’s polling places and that department officials of Justice are not included. Byrd said Florida is sending its own observers to the four jurisdictions the Justice Department plans to send staff to and that they “will ensure that there is no interference with the voting process.” .