Local election officials are encouraged to call their county clerks and state officials if federal law enforcement officers show up at the polls this fall, under a recommendation commissioners approved.
GOP commissioner Bob Spindell was the only member who voted against approving the communication to municipal and county clerks. He said during Thursday’s meeting that while Democrats are worried about federal agents at polling places this fall, he didn’t think the guidance was necessary. Spindell noted law enforcement has long had a presence at polling sites.
“I think this guidance is only going to scare away some people from the polls when this law enforcement guidance hits the news,” Spindell said.
But Chair Don Millis, a GOP appointee, said clerks have already raised the issue with him and the agency administrator, Meagan Wolfe, in their meetings. Millis said he believes the election will proceed like others before with a fair number of observers from Congress, the U.S. Department of Justice and local police. Still, there are concerns about what they should do if there’s anything out of the ordinary, he said.
Millis said he didn’t believe approving the communication would raise any alarms considering the concern that’s already been raised nationally about whether federal law enforcement may show up at the polls this fall.
“The message should be we have had observers before, we are going to continue to have observers, and if you have problems, these are the things to do,” Millis said.
The communication noted in most circumstances law enforcement shouldn’t be present at polling places unless they’re voting, carrying out legitimate law enforcement actions or are responding to an election official’s request for assistance.
If they are there as observers, they must check in like anyone else who wants to be present while voters are registering and casting ballots.
The communication notes if a law enforcement officer lingers around a polling place before or after voting, the communication encourages the chief inspector to remind them that they need to check in as an observer if they want to watch. Otherwise, they should leave after casting their ballot.
The communication also addresses the possibility of agents from Immigration and Customs Enforcement, the Department of Homeland Security and the FBI show up. The memo states they are subject to observer rules unless they are there to carry out a legitimate law enforcement function.
If they show up, local clerks are encouraged to notify their county clerks and the state Elections Commission.
While Dem activists have raised concerns about federal agents being sent to polling sites this fall, the Department of Homeland Security has dismissed it as fearmongering.
Dem commissioner Ann Jacobs said during today’s hearing it’s been common for plain clothes officers to drop by polling sites. She drew a distinction between that and a uniformed officer in a bulletproof vest with a gun on their hip.
“I don’t think we want full flack jacket whatever law enforcement 3 feet from our voters,” Jacobs said, referencing the minimum distance official observers can be from voting activities. “I think that is much different than an ordinary, quiet observer.”