No FBI or Immigration and Customs Enforcement employees are serving as election monitors for this year's midterm elections, a top official in the Justice Department's voting section said in a court filing, Bloomberg reports. Eric Neff, the acting chief of the voting section, filed the declaration Wednesday in the U.S. District Court for the District of Columbia in a case brought by the NAACP.
Neff said the Civil Rights Division is not using any sworn law enforcement officers with arrest authority as monitors in a law enforcement capacity. Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration and the Bureau of Prisons will serve as monitors. All monitors are barred from carrying firearms and are trained not to interfere in any way with voters or election officials at the polls, Neff said.
Neff said the voting section is monitoring in a similar manner and for similar purposes as in past election cycles going back decades. One Customs and Border Protection employee is detailed to the department, but Neff said the department is not aware of any other Department of Homeland Security employees taking part in its monitoring of the Nov. 3 election.
Bloomberg reports voting rights advocates and Democratic Party leaders have claimed in lawsuits that the Trump administration plans to send immigration agents and other federal law enforcement to polling sites on Election Day, pointing to statements by top immigration and law enforcement officials. The NAACP filed a Freedom of Information Act suit earlier this month seeking a list of every jurisdiction where monitors will be sent, along with other records.
The department is still identifying the polling locations where it will send monitors, Neff said, and releasing the list publicly would undermine the effort and could put monitors at risk. The case is NAACP v. Dhillon.
