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WASHINGTON — Several states governed by Republican officials have indicated they will prevent Justice Department election monitors from entering polling locations on Election Day, challenging a long-established federal practice of ensuring compliance with voting regulations.
Officials from Florida and Texas have formally stated that federal monitors will not be granted access to polling sites on Tuesday. Additionally, Missouri filed a lawsuit seeking a judicial order to prevent federal oversight within its polling locations.
The Justice Department recently disclosed its plans to deploy election monitors across 86 jurisdictions in 27 states on Election Day. On Monday, they opted not to comment on Missouri’s legal action or the decisions made by other Republican-led states.
As the contest heats up between Democratic candidate Kamala Harris and Republican nominee Donald Trump, concerns about potential legal disputes over vote counts are rising. The ongoing monitoring initiative by the Justice Department has served as a critical tool for upholding voting rights across various administrations.
A further examination of the roles of election monitors highlights the following points:
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Election monitors are legal professionals employed by the Justice Department, specifically from the civil rights division and U.S. attorney’s offices across the nation. They do not function as law enforcement personnel.
For many years, the Justice Department’s civil rights division has dispatched attorneys and staff to oversee polling locations during both federal and local elections to ensure adherence to voting rights laws.
The responsibilities of the Justice Department’s Civil Rights Division encompass enforcing a variety of laws aimed at safeguarding voting rights. This includes the Voting Rights Act, which prohibits intimidating individuals at the polls and protects against threats aimed at voters and vote counters. Additionally, it enforces the Americans with Disabilities Act, ensuring equitable voting access for individuals with disabilities.
On Tuesday, the Justice Department will deploy monitors to 86 designated areas, including high-profile locations such as Maricopa County, Arizona and Fulton County, Georgia, which has previously been the focal point of various election-related conspiracy theories. Portage County, Ohio, is another pivotal region, having garnered controversy due to a social media incident involving a sheriff’s inflammatory comment regarding voters showing support for Harris.
Federal monitors will also be present in various cities, such as Detroit, Michigan; Queens, New York; and Milwaukee, Wisconsin, as well as in several jurisdictions across Florida and Texas.
In the recent lawsuit, Missouri Secretary of State Jay Ashcroft argued that state laws explicitly indicate who may enter polling sites, restricting access to certain designated individuals and excluding federal personnel.
According to the lawsuit, Missouri law “permits only designated categories of individuals” within voting locations, a stipulation that does not include federal officials.
The Justice Department had previously sought to oversee polling activities in Missouri during the 2022 elections, planning to monitor at Cole County. However, County Clerk Steve Korsmeyer had stated he would deny them entry, prompting the agency to withdraw its request upon reviewing Missouri laws.
Following Ashcroft’s comments, he expressed concern that the Justice Department is attempting to bypass state law by reaching out directly to local election officials.
Regarding the situation, the St. Louis Board of Election Commissioners had previously entered into a settlement agreement with the Justice Department in 2021 to ensure accessibility for individuals with disabilities at polling sites, revealing prior violations such as inadequate ramps. This settlement, expiring next year, mandates full cooperation with federal efforts to monitor compliance, particularly on Election Day.
Additionally, Texas Secretary of State Jane Nelson reiterated in a letter to the Justice Department that Texas law prohibits federal monitors from entering areas where ballots are cast or counted. Nelson emphasized the state’s commitment to maintaining a fair electoral process.
Similarly, Florida Secretary of State Cord Byrd asserted that Florida law restricts entry to polling locations, explicitly excluding Justice Department officials. Byrd mentioned that Florida would deploy its observers to the same jurisdictions planned for federal monitoring to ensure a smooth voting experience.
__ Associated Press writer Brendan Farrington in Tallahassee contributed reporting; Salter reported from O’Fallon, Missouri.
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