DOJ warns federal agents: Responding armed to polling places could lead to felony charges under Civil War-era law.
At a Glance
- DOJ memo cites Title 18, U.S. Code, Section 592, prohibiting armed federal agents at polling places
- Law aims to prevent voter intimidation and unlawful influence during elections
- Exceptions include federal agents voting personally or responding to emergencies
- Coordination between federal, state, and local law enforcement emphasized
- Justice Department to monitor 86 jurisdictions across 27 states for voting rights compliance
DOJ Reinforces Civil War-Era Law to Protect Polling Places
The Department of Justice has issued a stark warning to federal law enforcement agents: responding armed to polling places could result in felony charges under a Civil War-era law. This directive, outlined in an October 15 memo by Corey R. Amundson, chief of DOJ’s Public Integrity Section, aims to prevent voter intimidation and maintain election integrity.
“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,” said Amundson
The law in question, Title 18, United States Code, Section 592, makes it a felony for federal officials to send armed personnel to polling places for crowd control. This statute, dating back to 1864, reflects long-standing concerns about potential military or federal interference in elections.
Exceptions and Concerns
While the law is strict, it does allow for two notable exceptions. Federal personnel can carry weapons when voting personally, and armed response is permitted if a polling place ceases operations due to emergencies. However, the memo has caused confusion among agents, particularly regarding how to respond to potential false threats designed to provoke an armed response at polling sites.
Retired FBI agent Jeff Danik criticized the memo’s communication style, suggesting a more straightforward approach would have been beneficial. The directive’s timing and emphasis reflect heightened concerns about election security, particularly in light of recent threats, including a foiled ISIS plot and fire bombings.
Coordinated Efforts to Protect Election Integrity
The DOJ memo outlines a special chain of command for handling Election Day issues, involving District Election Officers and FBI Election Crime Coordinators. This structure emphasizes the importance of coordination between federal, state, and local law enforcement to ensure lawful and de-conflicted responses to polling place disruptions.
In a related move, the Justice Department announced plans to monitor compliance with federal voting rights laws in 86 jurisdictions across 27 states for the November 5 general election. This comprehensive monitoring effort aims to ensure all eligible citizens can access the ballot and comply with federal civil rights laws.
Broader Implications for Election Security
The DOJ’s actions reflect a broader concern about potential threats to election security and voter rights. The Civil Rights Division will lead the monitoring effort, involving personnel from various department divisions and U.S. Attorney’s Offices. This initiative will enforce federal statutes protecting voting rights, including the Voting Rights Act and the National Voter Registration Act.
The department has also established channels for reporting potential voting rights violations, ADA-related complaints, and disruptions or violence at polling places. These measures underscore the government’s commitment to maintaining the integrity and security of the electoral process while balancing the need for public safety with the prohibition on unwarranted armed federal presence at polling sites.
