A federal judge has ordered the Justice Department (DOJ) to ensure its poll monitors are not law enforcement officials and cannot make arrests, while denying a request to block the department's election monitoring program. U.S. District Judge Reggie Walton issued the order Monday night, stipulating that monitors must be unarmed, out of uniform, and display no insignia identifying them as federal employees.
The ruling applies to the DOJ's poll monitoring program for Election Day, November 3. The NAACP had sought a temporary restraining order to prevent the DOJ from deploying personnel from agencies such as the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Bureau of Prisons. The group argued that their presence could intimidate voters and potentially violate the Voting Rights Act.
Walton denied the NAACP's motion without prejudice, stating that the current evidence did not demonstrate a likelihood that the plaintiffs would succeed in their claim. He noted that the DOJ's representations in court addressed his concerns: the monitors would be administrative or clerical employees, not sworn officers, and would not carry firearms. "The Court will order that the defendants comply with their counsel’s concession that they will take action to ensure that the monitors participating in the DOJ’s Poll Monitoring Program are indeed administrative or clerical personnel and not law enforcement officials, will not be in uniform or display any other insignia indicating their affiliation with a federal agency, will not be armed with a firearm, and will not have the power to effectuate arrests," Walton wrote.
Further restrictions from the judge include orders for monitors not to interfere with voters or election officials, to adhere to all state and local rules, and to avoid speaking with voters inside polling places. They may speak with voters outside only after a ballot has been cast. Monitors are also required to introduce themselves to election officials and carry federal credentials.
Walton directed the DOJ to submit a status report by Tuesday morning detailing how it confirmed that none of the monitors would be law enforcement officials with arrest powers. The ruling comes amid allegations that the DOJ planned to deploy over 1,000 personnel, including law enforcement agents and investigators, to polling locations. DOJ attorneys had previously assured the court that sworn agents and officers would be excluded from the program.