A recent piece covered the potential for the president to deploy federal agents to polling places to intimidate voters. There are laws that stop this but there’s a notable loophole. Furthermore, we have seen this president disrespect norms and laws.
Pronouncements and specters aside, can the president send armed guards to the polls? It is both not likely and still possible.
Let’s take a look at a few legal standards.
Regulations
- The Department of Justice regulations also bar federal agents from the polls: The DOJ election crimes manual under the first Trump administration barred armed agents from polling locations.
Laws
- It is illegal for the military to deploy to the polls: 18 USC § 592 specifies that anyone in the “Army or Navy, or other person in the civil, military, or naval service of the United States” who orders “troops or armed men at any place where a general or special election is held” can be fined or imprisoned up to five years.
- Members of the armed forces cannot interfere with elections: 18 USC § 593 is a longer statute that outlines prohibited activity by members of the Armed Forces to compel or interfere with the orderly process of voters casting their ballot. This act also provides for a fine or incarceration of up to five years for those who violate this statute.
- The President can exploit loopholes: Although these laws should prohibit deployments to the polls, they include loopholes that the administration may attempt to exploit. The loophole in 18 USC § 592 is alarming given this President’s penchant for stretching the limits of his office. The statute allows for federal deployments if “such force be necessary to repel armed enemies of the United States.”
- Schemes cannot be contrived to deny people suffrage: 42 U.S.C. § 1985(3) prohibits conspiracies to deprive persons of the right to vote. This applies to private citizens and government officials alike.
- Federal workers cannot interfere with elections: 18 USC § 595 indicates all parties receiving payment from the federal government or otherwise employed by the government then states that they shall not interfere with a federal election or face imprisonment for up to one year.
Constitution
- The right to vote is constitutionally protected: The 15th Amendment to the Constitution explicitly prohibits denial of the right to vote on the basis of race. A narrow deployment may focus on communities of color.
This president cannot be trusted to abide by laws and norms. Congress must constrain him and constituents must drive the pressure in defense of our elections well before November 3, 2026. There is only one chance to get election day right!
