The NAACP and Advancement Project Sue to Block DOJ Plans to Deploy Federal Law Enforcement As “Election Monitors”

WASHINGTON – Today, the NAACP and Advancement Project filed a lawsuit, on behalf of the NAACP and three NAACP members, to block the Department of Justice (DOJ)  from deploying federal prosecutors and other federal law enforcement to polling sites across the county  as a part of its election monitor program. The DOJ’s plan stands to have a chilling effect on voters, cause chaos on Election Day, and disrupt  the conduct of the election.

Historically, the DOJ’s Civil Rights Division has deployed civil attorneys and professional staff as neutral election monitors to view activity at polling sites and assess compliance with civil rights laws protecting access to the ballot. For decades, this process was conducted in coordination with local and state election officials, with advance public notice provided regarding monitor locations.

During this year’s primary elections, however, the current administration deployed “election monitors” across a dozen states. Officials described their behavior as “aggressive” and “irregular.” Public reporting showed that in states like Arizona and Minnesota, the DOJ dispatched a newly-hired DOJ lawyer who had been previously convicted of election crimes as well as federal prosecutors and an FBI agent. Now, the Justice Department plans to scale this tactic to every single state, creating an environment ripe for voter intimidation.

“Voter intimidation has no place in our democracy,” said Kristen Clarke, NAACP General Counsel. “This Justice Department is abusing its power and authority by deploying ‘monitors’ to discourage people from voting and to disrupt the election process. We will not stand by idly in the face of this thinly veiled attempt to hijack the midterm election season. To date, they have deployed FBI agents, prosecutors and even a convicted criminal to the polls — these actors have no right to interfere with the way elections are run in our country. The court must step in now to rein in federal officials who are bent on abusing the levers of power to silence voters. We will continue to stand up to ensure that the path to the ballot box remains free from intimidation and harassment for every American.”

The Voting Rights Act of 1965 explicitly protects voters and election officials from intimidation, threats, and coercion at the hands of private parties and government actors alike when casting their ballots or helping to administer the election system. The NAACP and Advancement Project stress that federal agencies have a duty to uphold these protections, rather than undermine public trust through intimidation tactics at polling sites.

“Generations of Black and brown voters faced down sheriffs and poll taxes to cast a ballot, so we know intimidation when we see it,” said Carmen Daugherty, Executive Director of Advancement Project. “The Voting Rights Act exists to protect voters from exactly this kind of intimidation, including by the DOJ. We’re taking this fight to court, and we’re asking every voter to take it to the ballot box on November 3rd, because nothing answers intimidation like a line out the door at every polling place.”

Every election and every race is important, from the bottom of the ticket up to the top. It is incumbent on the public to exercise their fundamental right to vote and use the power of the ballot to lend weight to their voice. The NAACP and Advancement Project call on the court to rule against this plan because it violates the law and long-standing practice of the DOJ.

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About NAACP

The NAACP advocates, agitates, and litigates for the civil rights due to Black America. Our legacy is built on the foundation of grassroots activism by the biggest civil rights pioneers of the 20th century and is sustained by 21st century activists. From classrooms and courtrooms to city halls and Congress, our network of members across the country works to secure the social and political power that will end race-based discrimination. That work is rooted in racial equity, civic engagement, and supportive policies and institutions for all marginalized people. We are committed to a world without racism where Black people enjoy equitable opportunities in thriving communities.

NOTE: The Legal Defense Fund – also referred to as the NAACP-LDF – was founded in 1940 as a part of the NAACP, but now operates as a completely separate entity.

About Advancement Project

Advancement Project is a next-generation, multi-racial civil rights organization. Rooted in the great human rights struggles for equality and justice, Advancement Project exists to fulfill America’s promise of a caring, inclusive, and just democracy. The organization uses innovative tools and strategies to strengthen social movements and achieve high-impact policy change. Advancement Project is a co-convener of the National Campaign for Police Free Schools, a formation of 20+ youth-led grassroots organizations fighting to end the criminalization of youth in the classroom, create liberatory educational spaces, and implement an affirmative vision of safety and transformative justice. Visit www.advancementproject.org to learn more.