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According to the polls many are displeased with President Trump. Changing course to address voters’ concerns would be prudent. However, the commander-in-chief may instead try to intimidate voters with armed federal personnel to gain favor in the upcoming midterms to avoid losing control of the House of Representatives or the United States Senate. But we know that We the People have a powerful voice and can frustrate any intimidation.

Given the president’s regular violation of norms, and sometimes laws, it is possible that some deployment of federal personnel will occur on election day.  

There are few things more emblematic of fascism or of centralized power in the state and in one individual than the presence of armed guards and the military on our streets. The country has sadly already seen this occur with the legal and illegal deployments of the National Guard to city streets. Even worse would be the use of the military to interfere in how voters engage in free and fair elections. And yet, the president has refused to rule out the possibility he might deploy federal agents to polling stations. Given the president’s regular violation of norms, and sometimes laws, it is possible that some deployment of federal personnel will occur on election day.  

Laying the Foundations to Attack Democracy

Fortunately, there haven’t been explicit reports that President Trump plans to deploy armed federal personnel (Immigration and Customs Enforcement (ICE), Homeland Security Investigations, National Guard, or others) to the polls in November. In fact, the Department of Homeland Security has stated that “ICE is not planning operations targeting polling locations.”

There is a push by some on the fringes of U.S. society to reduce all forms of immigration and to make the nation whiter.

Nevertheless, following the president’s past statements and policy prescriptions, danger may be on the horizon. A consistent tactic of the administration is to build up (often through exaggeration) an ominous enemy that requires the executive branch to defend the nation. There is a push by some on the fringes of U.S. society to reduce all forms of immigration and to make the nation whiter. To advance this aim the administration has made blanket pronouncements that seem to criminalize most immigrants to justify harsh immigration enforcement, detention, and deportations. For example, the administration basically shut down the refugee program to all but white South Africans.  

Legal Background on Deployments in November

Local election workers around the country are taking the possibility of federal agents or the military at the polls in November very seriously. Republican and Democratic jurisdictions alike are planning for scenarios wherein the President deploys troops or agents to the polls.

It would not take a massive deployment. Sending ICE or the National Guard to a few key, populous polling locations would have a chilling effect. The president need only to make outrageous claims about a threat—that some group is overwhelming the local police or “the drug cartels”—to take advantage of a loophole in current law allowing for a militarized response to a rebellion.  

The Hope We Create

It is largely illegal for the president, federal agents, or the military to interfere with the administration of elections through fear, intimidation, or possibly even force. We’ve seen the bond markets, the stock markets, and public pressure constrain this administration. We can also serve as a block on any intimidation.  

Congress must be proactive and plan to ensure this threat to our democracy does not become a reality on November 3. By then we won’t have time for lawsuits, the election will already be negatively affected. Members of Congress should make public statements today upholding the integrity of locally run elections free of federal interference.  

José Santos Woss

José Santos Moreno

Director for Justice Reform

José Santos (Woss) Moreno is FCNL’s director for justice reform. He leads FCNL’s work on criminal justice reform, election integrity, and policing.

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