Keith Mack
Former President Donald Trump has repeatedly floated the idea of sending law enforcement officers to polling places on election day. Trump's pledge has raised concerns about voter intimidation and voter suppression, particularly among minority voters who tend to support Democrats. While Trump has no authority to send in local law enforcement, federal law enforcement can be sent to polling places in the case of a particular criminal threat or specific investigative danger. However, legal experts argue that Trump's suggestion of deploying law enforcement officials to monitor polls violates the law and the Constitution.
| Characteristics | Values |
|---|---|
| Intention | To prevent voter fraud |
| Intimidation | Yes |
| Voter suppression | Yes |
| Legal | No |
| Federal law enforcement | No |
| State law enforcement | No |
| Federal troops | No |
| State troops | No |
| Armed federal officials | No |
| State officials | No |
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What You'll Learn
Trump's pledge to send law enforcement to polling places
In an interview with Fox News host Sean Hannity in August 2020, then-President Donald Trump pledged to send law enforcement to polling places on election day. Trump said:
> "We're going to have sheriffs, and we're going to have law enforcement, and we're going to have, hopefully, US attorneys, and we're going to have everybody and attorney generals (sic)."
Trump's comments were part of a growing pattern of rhetoric in which he suggested that he wanted to make it harder for Americans to vote. The pledge also came as his campaign worked to recruit tens of thousands of volunteers for what Republican officials said could be their largest poll-watching operation.
However, it is not clear that Trump has the power to send law enforcement to polling places. Federal law prohibits intimidation at the polls and makes it illegal for any "civil" or "military" federal officer to order "troops or armed men" to polling places, unless it is necessary to "repel armed enemies of the United States". There is also no federal statute banning the practice of sending state law enforcement, such as the sheriffs and attorneys general that Trump mentioned, but there is a clear command from the Supreme Court that this is not allowed. In 1997, the Court ruled that "the Federal Government may [not] command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program".
Trump's pledge was criticised by Democratic lawmakers and civil rights groups, who suggested that it could amount to voter intimidation, particularly of minority voters, and voter suppression. Kristen Clarke, who oversees the Lawyers' Committee for Civil Rights Under Law, called Trump's pledge "an old and familiar tactic pulled right from the Jim Crow playbook and often specifically targeted at Black voters and voters of colour".
Attorney General William Barr defended Trump's pledge, saying that it would be legal if the president were responding to a "particular criminal threat". Barr also said that law enforcement presence at polling sites would be warranted if federal officials determined there was a "specific investigative danger".
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The legality of Trump's plan
Donald Trump's plan to send law enforcement to polling places on election day has been a topic of much discussion and concern. Trump has stated that he plans to send "sheriffs, and...law enforcement, and...hopefully U.S. attorneys, and...everybody and attorney generals". However, legal experts have questioned the legality of such a move, and it is indeed a complex issue involving various layers of federal, state, and local laws.
Firstly, it is important to distinguish between federal and state law enforcement. Trump, as President, has no power to order local or state law enforcement to the polls. The Supreme Court has ruled that the federal government cannot compel state or local officials, including law enforcement, to enforce federal laws, as they work for a different government than the one the President controls. Therefore, Trump cannot legally force state or local law enforcement to monitor polling places.
When it comes to federal law enforcement, the situation is a bit more nuanced. There is a federal law that bars the President from sending "any troops or armed men" to polling places, unless it is necessary to "repel armed enemies of the United States". This law applies to both military and non-military federal officers, such as U.S. marshals, FBI agents, or U.S. attorneys. However, Attorney General William Barr argued that sending federal law enforcement to polling locations would be legal if it was in response to a "particular criminal threat" or "specific investigative danger".
Trump's plan has raised concerns about voter intimidation and suppression, especially towards minority voters. Several states, including Pennsylvania, Tennessee, and Colorado, expressly ban law enforcement at polls, unless they are voting. Other states, like New York, allow for police to have roles at polling sites.
In conclusion, while Trump's plan to send law enforcement to polling places may be legal in certain contexts, such as responding to a criminal threat, it is largely seen as a violation of federal and state laws. It is important to note that the presence of law enforcement at polling places has historically been used as a tactic to intimidate and suppress voters, particularly voters of color. Therefore, any deployment of law enforcement on election day must be carefully considered and executed within the boundaries of the law to ensure the protection of voters' rights.
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Voter intimidation
In 2020, then-President Donald Trump floated the idea of sending law enforcement officers to polling places on election day. This suggestion raised concerns about voter intimidation and suppression, particularly of minority voters who tend to support Democrats. Trump's comments came as his campaign worked to recruit tens of thousands of volunteers for what was expected to be the Republican Party's largest poll-watching operation.
Trump's pledge was criticised by Democratic lawmakers, civil rights groups, and legal experts, who pointed out that federal law bars conduct that intimidates voters and that some states expressly ban law enforcement at polling sites. For example, the Colorado Secretary of State, Jena Griswold, tweeted that she would not allow law enforcement near polling sites, calling it a "tactic used against black voters in the Jim Crow South". Kristen Clarke, who oversees the Lawyers' Committee for Civil Rights Under Law, also called Trump's pledge "an old and familiar tactic pulled right from the Jim Crow playbook and often specifically targeted at Black voters and voters of color".
Despite Trump's suggestion, it is important to note that the President of the United States does not have the power to order local law enforcement to go to the polls. This is because state and local officials, including law enforcement, work for a different government than the one the President controls. In addition, federal law prohibits the President from sending "any troops or armed men" to any poll unless it is necessary to repel armed enemies of the United States.
Attorney General William Barr argued that Trump's pledge to send federal law enforcement to polling locations on Election Day would be legal if the President were responding to a "particular criminal threat" or "specific investigative danger". However, Barr's statement contradicts the longstanding legal precedent and the concerns raised by voting rights groups and experts.
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Voter suppression
In 2020, then-President Trump floated the idea of sending law enforcement officers to polling places on election day. This was part of his re-election strategy, appealing to his base and voters who were reluctant to support him by enforcing law and order. However, legal experts argued that Trump's plan was not legally valid. Federal law bars conduct that intimidates voters, and some states have laws prohibiting law enforcement at polling sites. Furthermore, the Supreme Court has ruled that Congress cannot force local law enforcement to implement federal law, as state and local officials do not work for the federal government.
Other tactics include cutting early voting times, restricting registration, purging voter rolls, closing or relocating polling stations that serve predominantly minority voters, and banning voter registration drives. Partisan gerrymandering is also a form of voter suppression, where electoral districts are drawn to dilute the voting power of certain racial or political groups.
Organizations like the Brennan Center for Justice are actively fighting voter suppression through research, lawsuits, and advocacy. They have proposed automatic voter registration to ensure that all eligible citizens can effortlessly register to vote.
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Federal law enforcement at polling places
In the lead-up to the 2020 presidential election, Donald Trump floated the idea of sending law enforcement to polling places on election day. Trump's statement raised concerns about voter intimidation and voter suppression, particularly among minority voters who tend to support Democrats.
Trump's pledge was criticized by Democratic lawmakers, civil rights groups, and legal experts, who argued that it could amount to voter intimidation, which is prohibited by federal law. Some states, such as Pennsylvania and Tennessee, also have laws prohibiting law enforcement at polling sites.
While the president has no authority to send local law enforcement or state attorneys general to polling places, the line regarding federal law enforcement is a little blurrier. Federal law prohibits the president from sending "any troops or armed men" to polling places, unless it is necessary to "repel armed enemies of the United States." However, Attorney General William Barr argued that Trump's pledge to send federal law enforcement to polling locations would be legal if it was in response to a "particular criminal threat" or a specific investigative danger.
Ultimately, Trump's suggestion of deploying law enforcement officials to monitor polls raised significant legal questions and concerns about the potential impact on voters.
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Frequently asked questions
No, Trump cannot send law enforcement to polling places. Federal law prohibits the President from sending "any troops or armed men" to polling places unless there is a need to ""repel armed enemies of the United States".
During an interview with Fox News host Sean Hannity, Trump said, "We're going to have sheriffs, and we're going to have law enforcement, and we're going to have, hopefully, US attorneys, and we're going to have everybody and attorney generals".
Trump's pledge to send law enforcement to polling places was part of a growing pattern of rhetoric in which he suggested that he wanted to make it harder for Americans to vote.
