The Texas Standoff: How State Officials Confronted DOJ Over Election Monitors

Published on 5 November 2024 at 13:08


  Texas Attorney General Ken Paxton celebrated a significant victory on Tuesday following a legal confrontation with the Justice Department regarding federal oversight of elections in the state. The dispute centered around the DOJ's intention to deploy federal agents to observe voting locations, which Paxton contended would violate Texas' sovereignty, prompting him to initiate a lawsuit. In a statement shared on X, he asserted, "Texans run Texas elections, and we will not be bullied by the Department of Justice."

  Paxton further emphasized his stance by declaring, "No federal agent will be permitted to interfere with Texas’ free and fair elections." This statement underscores his commitment to maintaining state control over the electoral process and resisting federal intervention.


  A significant victory has been achieved as the U.S. Department of Justice decided last night to refrain from entering polling and central count locations in Texas or interfering with the state's election administration. This decision came shortly after Attorney General Ken Paxton filed a lawsuit against the DOJ regarding its intention to deploy federal agents to "monitor" the elections in Texas. The administration of elections in Texas is the responsibility of Texans, and we will not be intimidated by the Department of Justice. The DOJ recognizes its lack of authority in overseeing Texas elections and retreated when Texas asserted its commitment to the rule of law. No federal agents will be allowed to disrupt the integrity of Texas's elections.


  In correspondence with the Justice Department, Texas Secretary of State Jane Nelson emphasized that state law explicitly forbids federal monitors from entering polling places, as stated in the complaint submitted by the attorney general's office. She noted, "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." The primary assertion of the complaint was that federal authorities lack the statutory authority to access state polling locations in violation of state law. Furthermore, the complaint asserted that "Texas law alone determines who can monitor voting in Texas." This issue arose following the DOJ's announcement to send federal election monitors to eight counties in Texas, a move prompted by requests from 62 state and federal officials. Subsequently, Texas and the DOJ reached an agreement that aligns with state law.


  The recent decision stems from an agreement established late Monday between the federal agency and the office of the Texas attorney general. The Department of Justice has consented to maintain its monitors at a distance of at least 100 feet from polling places and central counting locations in eight Texas counties. Additionally, the DOJ has committed to not interfering with voters who are attempting to cast their ballots, adhering to its standard operational procedures.

  The Justice Department routinely deploys monitors nationwide to observe and address potential violations of voting rights during significant elections. On Friday, the agency announced that it would have monitors present in 86 jurisdictions across 27 states. The specific Texas counties involved in this monitoring effort include Atascosa, Bexar, Dallas, Frio, Harris, Hays, Palo Pinto, and Waller.


The lawsuit will stay unresolved until the election is completed.


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