Clerk threatens action if ICE appears; election integrity concerns loom

(The Center Square) – The DuPage County clerk is warning federal immigration agents not to appear at polling places during Tuesday’s primary election, saying such activity could violate federal law and intimidate voters.

In a video message released ahead of Election Day, Jean Kaczmarek said Immigration and Customs Enforcement agents should not interfere with voting in the county.

“Immigration and Customs Enforcement, better known as ICE, will not be allowed to interfere with DuPage County elections in any way,” Kaczmarek said. “It is a federal crime for the military or federal agents to interfere at elections or intimidate voters.”

Critics say the warning is politically motivated.

Election integrity advocate Carol Davis said Kaczmarek’s statement is aimed at energizing Democratic voters ahead of the primary.

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“Kaczmarek is throwing red meat to the Democrat base because she is in jeopardy of losing her seat as county clerk,” Davis said. “This is a desperation play on her part to turn out her base to vote for her.”

Kaczmarek said deploying federal troops or armed personnel to locations where voting is taking place can carry penalties of up to five years in prison.

Kaczmarek said if federal agents are spotted at polling locations, her office will notify election judges, alert “rapid responders,” and use social media to inform voters. She also emphasized that DuPage County voters may cast ballots at any polling place in the county and directed residents to an online map listing all 248 voting locations.

“However you choose to vote, DuPage County elections are safe, free, and fair,” she said. “So please vote.”

To address potential concerns, the clerk’s office established a dedicated hotline for residents to report sightings of immigration agents or other federal personnel at polling sites or early voting locations.

Davis criticized the legal basis for Kaczmarek’s warnings, noting that federal law cited by the clerk specifically applies to military forces, not civilian law enforcement like ICE.

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“Federal law is very clear about military forces and civilian law enforcement during elections. ICE agents are very clearly not officers or members of the Armed Forces of the United States. Her threats have no legal grounding,” Davis said. She also highlighted that Illinois statutes give election judges the authority to maintain order, not the county clerk the power to exclude law enforcement from polling places.

Davis further questioned claims about non-citizens voting at the polls.

“The really ridiculous part is that illegal aliens aren’t going to show up at polling places to vote because most of them have no clue that they’ve been registered,” she said. Davis said vote-by-mail ballots are the more likely avenue for voter roll abuses and accused Kaczmarek of using taxpayer resources to spread misinformation. “Kaczmarek is using DuPage County resources, our tax dollars, to publish lies and propaganda. Playing fast and loose with our laws and our hard-earned money adds injury to her outrageous behavior,” she said.

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