DOJ Revives Old Law to Curb Armed Agents at Polls

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Confederate flag waving against a dramatic, cloudy sky.

The term “civil war” has come up in connection with these elections. However, in this case, it does not exactly refer to contemporary. The Department of Justice enforced a Civil War-era law. It prohibits armed federal agents from attending polling places. It also raises questions about election security, specifically the balance of safety and voter intimidation.

Civil War-Era Law Is Activated for Election Security

The United States Department of Justice has taken a significant step toward election security by enacting a Civil War-era law that prohibits the presence of armed federal agents at polling locations. This move is in response to ongoing security threats, including a recent ISIS threat, emphasizing the delicate balance between ensuring voter safety and maintaining electoral integrity.

The relevant statute, Title 18, U.S. Code, Section 592, makes it a felony for federal officials to send armed personnel to polling places for crowd control or other purposes. This statute, which has been in place since 1864, was originally enacted to prevent military interference in elections during the Civil War.

DOJ’s Memo and Its Implications

On October 15, Corey R. Amundson, chief of the DOJ’s Public Integrity Section, issued a memo in response to inquiries about how to handle potential Election Day violence. The memo has received attention as a result of recent threats, such as an ISIS plot and fire bombings, which have raised concerns about electoral security.

“In our role overseeing federal prosecutorial efforts against election crime, the Public Integrity Section, through our Election Crimes Branch, has received inquiries about the legality of having armed federal law enforcement agents at polling places.” – Corey R. Amundson

The memo outlines two exceptions to the law: federal personnel may carry weapons when voting in person, and armed response is permitted if a polling place ceases operations due to an emergency. However, the communication has left some agents perplexed, particularly about how to respond to potential false threats without risking legal repercussions.

Criticism and Clarification

The DOJ’s approach has not been without criticism. Retired FBI agent Jeff Danik suggested that a more direct communication style would have been beneficial. He stated, “It is just a routine notification. The DOJ should have simply stated that there is a prior approval process for a large federal response to a polling location, which, absent a public safety emergency, requires specific notifications and approval.”

The memo emphasizes the importance of coordinating federal, state, and local law enforcement responses to polling place disruptions to ensure lawful and conflict-free outcomes. It also specifies a special chain of command for handling Election Day issues, which includes District Election Officers and FBI Election Crime Coordinators.

Comprehensive Monitoring Efforts

In addition to the activation of the Civil War-era law, the Justice Department has announced plans to monitor compliance with federal voting rights laws in 86 jurisdictions across 27 states for the November 5 general election. This monitoring effort aims to ensure all eligible citizens can access the ballot and comply with federal civil rights laws.

The Civil Rights Division will lead the effort, which will include personnel from various department divisions, U.S. Attorney’s Offices, and federal observers. The division’s Voting Section will enforce federal voting rights laws such as the Voting Rights Act and the National Voter Registration Act. In addition, the Disability Rights Section will ensure that voting access complies with the Americans with Disabilities Act (ADA).

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