“the presence of federal law enforcement inside polling places would be counterproductive and could potentially undermine confidence in the election.”
The Florida Department of State told the Department of Justice that its election monitors could not be in polling places.
The DOJ announced it would send “monitors” around the country to ensure the election goes smoothly. Yeah, okay.
“Section 102.031(3)(a) of the Florida Statutes lists the people who ‘may enter any polling room or polling place,'” wrote Brad McVay, general counsel at the Florida Department of State. “Department of Justice personnel are not included on the list.”
McVay pointed out that the letters sent by the DOJ did “not detail the need for federal monitors” in the counties targeted by the DOJ.
If the statutes list included DOJ officials, then the DOJ would have to provide specific evidence as to why the monitors needed to enter the polling place.
Without proper evidence, “the presence of federal law enforcement inside polling places would be counterproductive and could potentially undermine confidence in the election.”
“None of the counties are currently subject to any election-related federal consent decrees,” added McVay. “None of the counties have been accused of violating the rights of language or racial minorities or of the elderly or disabled.”
The DOJ letter to the counties provided “a non-exhaustive list of federal elections statutes as the basic for this action without pointing to any specific statutory authorization.”
The state asked the DOJ “for specific authorization” but officials did not answer.
McVay told the DOJ it has his phone number. He also assured them that the Florida Department of State will have “its own monitors to the three targeted jurisdictions.”
Florida Department of State to DOJ:
“federal election ‘monitors’ are not permitted inside polling places as it would be counterproductive and could potentially undermine confidence in the election.” pic.twitter.com/I3TdaozUxG
— Jason Delgado (@byJasonDelgado) November 8, 2022
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