DOJ Mocks Virginia AG's Election Day Guidance as Political Posturing

The Justice Department has sharply criticized Virginia Attorney General Jay Jones' guidance for election officials on Election Day, labeling it as "bluster and political posturing." The directive, issued by Jones' office and the Virginia Department of Elections, advised local officials to contact police if federal agents approached polling places and to document their activities.

In response, a DOJ spokesperson stated, "The Virginia Attorney General's performative actions attack a strawman." The spokesperson added, "DOJ's election monitors will be engaging in the same routine monitoring we've done for decades." The department expressed hope that local officials would continue their "longstanding practice of allowing DOJ election monitors into polling places to evaluate for compliance with federal law," characterizing Jones' statement as "nothing more than bluster and political posturing for his own self-interested purposes."

The dispute arises as conservative litigation firm America First Legal seeks records related to Virginia's warnings about potential federal election interference. The DOJ plans to deploy election monitors to the predominantly Democratic areas of Fairfax and Prince William Counties.

Virginia State Delegate Wren Williams, R-Stuart, a lawyer, argued that Jones' priorities are misplaced. "Jay Jones wants poll workers collecting ICE agents’ badge numbers, but God forbid they verify a voter’s ID," Williams said. He questioned who Jones is trying to protect if, as he suggested, Democrats maintain that undocumented immigrants do not vote.

The bulletin from Jones' office outlined procedures for responding to federal representatives at polls, instructing election officials to consult with legal counsel and local prosecutors. It advised establishing communication with local law enforcement regarding what constitutes intimidation and interference during elections, particularly concerning unauthorized individuals.

"If, for example, an armed individual attempts to gain access to a polling location, officials should call local law enforcement immediately," the bulletin stated, referencing unauthorized individuals and prohibited conduct. It also advised officials to consider contacting police and counsel if federal agents approach or enter polling locations, while cautioning against physically obstructing them.

Virginia State Sen. Danny Diggs, R-Poquoson, a former sheriff, countered that in his 45 years in law enforcement, he never witnessed an officer or official observer make a polling place less safe. "I routinely visited every polling place, inside and outside, while armed and in uniform and was always welcomed by election officials and voters. The Attorney General apparently thinks otherwise," Diggs said, calling the plan to urge election officials to confront federal observers "reckless."

The directive also specified that ordinary DOJ monitors must obtain local authorization to enter polling locations, adhering to rules similar to those for neutral observers. If a DOJ monitor seeks access, local registrars are advised to discuss the scope of monitoring with the agency before granting consent and to "consider asking whether DOJ is assessing compliance with civil or criminal federal laws."

Furthermore, the bulletin advised election officials to consult with attorneys and prepare for potential federal subpoenas for ballots or voting equipment.

Jones, who recently launched a new Voter Protection Section within his office, stated, "I was raised by people who understood that the right to vote was never simply given. Generations of Americans had to sacrifice, organize, and show extraordinary courage to claim that right. That history is personal to me, and it reminds us that the work of civil rights and voting rights is never finished."

He continued, "That is why we created a dedicated Voter Protection Section within the Office of the Attorney General. This work now has a permanent home, and a team focused every day on defending voting rights and enforcing Virginia law. Virginia votes every year, and protecting the franchise must be a year-round responsibility. In Virginia, the right to vote will be defended."

Virginia attorney Tim Anderson analyzed Jones' plan, calling it a "remarkable directive to election officials." He noted that Virginia has eliminated the ability to challenge a voter's qualifications at the polling place, stating, "The bulletin identifies no specific planned unlawful federal operation in Virginia."

America First Legal confirmed it filed a public records request for legal analyses, communications related to the bulletin, records concerning Jones' Voter Protection Section, and inquiries about federal election monitoring.