Within a few hours of being sued, the U.S. Department of Justice agreed not to interfere in Tuesday’s election process and a federal judge issued a temporary restraining order to ensure it didn’t.
On Friday, the DOJ announced its plan “to monitor compliance with federal voting rights laws in 86 jurisdictions in 27 states for the Nov. 5 general election,” with the most in eight Texas counties.
The monitoring was part of its effort to enforce “federal voting rights laws that protect the rights of all eligible citizens to access the ballot,” it said. The DOJ said it regularly deploys staff to states to monitor “for compliance with federal civil rights laws in elections in communities all across the country.”
On Monday, Gov. Greg Abbott, Texas Secretary of State Jane Nelson and Attorney General Ken Paxton said no federal monitors would be permitted to enter any polling places in Texas. Nelson sent a letter to the DOJ stating, “Texas law is clear: Justice Department monitors are not permitted inside a polling place where ballots are being cast or a central counting station where ballots are being counted” and neither are federal inspectors.
Paxton’s office also sent members of an Election Day Rapid Response Legal Team to major counties throughout the state to monitor Election Day activity and “address litigation arising from the election, as necessary.”
Late Monday, Paxton also sued the DOJ, the attorney general and multiple DOJ officials saying the proposed plan “lists no federal authority for this ‘monitoring’ because there is none. Texas law determines who can monitor voting in Texas.”
The lawsuit was filed in the U.S. District Court Northern District of Texas Amarillo Division and argues the DOJ’s proposal violates the Administrative Procedures Act, DOJ wasn’t acting in accordance with federal law and in excess of its statutory authority. It asked the court to restrain federal authorities from monitoring voting in Texas.
“The Biden-Harris Administration’s lawless intimidation campaign infringes on States’ constitutional authority to run free and fair elections,” Paxton said. “Texas will not be intimidated and I will make every effort to prevent weaponized federal agencies from interfering in our elections.”
U.S. District Judge Matthew Kacsmaryk agreed and issued a temporary restraining order prohibiting the DOJ from doing so. He also ordered the defendants to confirm that no “‘observers’ … will be present in Texas (1) polling locations or (2) election tabulation centers in violation of Texas Election Code.”
The DOJ and Paxton’s office also reached an agreement, which states that DOJ monitors “will remain outside of polling and central count locations.” It also states that the DOJ “understands that, within 100 feet of those locations, DOJ election monitors are subject to Texas law regarding electioneering and other conduct within 100 feet of polling and central count locations” and the DOJ “commits that consistent with its longstanding practice, it will not interfere with voters attempting to vote.”
The agreement also states that “Texas recognizes that voters may speak with DOJ personnel at the referenced locations should they so choose, within the parameters set by the Texas Election Code.”
“Texans run Texas elections, and we will not be bullied by the Department of Justice,” Paxton said after the agreement was reached. “The DOJ knows it has no authority to monitor Texas elections and backed down when Texas stood up for the rule of law. No federal agent will be permitted to interfere with Texas’s free and fair elections.”
His office is encouraging election administrators and members of the public to immediately report any violations of the agreement to appropriate local election officials and to his office at illegalvoting@oag.texas.gov.
The state’s lawsuit against the DOJ remains pending until the election concludes Tuesday night to ensure DOJ compliance, Paxton said.
