State Laws Limit Access for Federal Election Monitors
Earlier this year, the Department of Justice (DOJ) announced plans to recruit and send 1,000 federal election monitors to polling locations throughout the country for November’s election. In late October, the DOJ began informing specific counties where it would send monitors.
While election monitors have historically played a benign role limited to observation and reporting concerning compliance with federal election laws, recent federal actions seeking greater direct control over state election processes have raised concerns about monitors’ role and behavior in the upcoming election.
What Are Federal Election Monitors?
Federal election monitors have traditionally played a non-disruptive role in federal elections over the past few decades.
In 2022, the DOJ sent 289 election monitors to polling locations; in 2024, 714.
Election monitors are typically DOJ employees who observe polling place activities and monitor compliance with federal election laws. They do not have the authority to actively enforce federal election law.
Federal election monitors are not explicitly authorized or empowered by any specific federal statute. As such, they are subject to the same prohibitions as members of the general public, including non-electioneering rules and laws against harassing or intimidating voters. Election monitors must remain outside a polling location unless state or local officials allow them to enter. Monitors may speak to voters after they finish voting, but voters are under no obligation to speak to them.
Can States Limit Federal Monitors’ Access?
Yes. Federal election monitors have no special authority to enter polling locations or access election materials. State laws typically allow only certain authorized individuals (voters, election officials, appointed poll watchers, etc.) into voting spaces. State and local officials have prevented federal monitors from entering polling locations in past elections and have said they intend to do so in November.
- In 2024, Texas filed a lawsuit to prevent federal monitors from entering polling locations. Ultimately, state and federal officials reached an agreement that monitors would not enter polling locations and would remain subject to all Texas election laws while performing their duties on Election Day.
- The Pennsylvania Department of State recently issued a statement concerning federal monitors’ access for this November’s election: “The Pennsylvania Department of State expects everyone working in, voting in, and observing polling places to follow all applicable state and federal laws. DOJ monitors are not legally entitled to any greater access to polling places than members of the general public, and we encourage them to coordinate with local election offices where they will be present to ensure that their activities do not disrupt the voting process.”
What Should Voters Do If They See a Disruptive Monitor?
Federal monitors have traditionally abided by state and federal laws and performed their duties without disrupting the election process or harassing voters. Earlier this year, concerns about monitor activity arose after Wyoming Governor Mark Gordon described federal monitors’ actions during the August 18 primary as “a bit aggressive” and “irregular.”
Polling place officials’ top concerns are voter security and freedom from harassment. Officials receive training on the protections in state law and will fully enforce them when necessary. If voters or observers notice any action by federal monitors that seems aggressive or out of place, they should alert polling place officials who can assess the situation and respond according to the voting safeguards set by state laws.