DOJ Revives Old Law to Curb Armed Agents at Polls

Department of Justice building with American flag.

The U.S. Department of Justice invokes a Civil War-era law to counteract potential unrest during upcoming elections amidst threats like those from ISIS. This law aims to limit armed response at polling places.

DOJ Activates Historical Law

The Department of Justice issued a directive based on Title 18, U.S. Code, Section 592. This 1864 statute prohibits armed federal law enforcement at polling locations, except in emergencies or personal voting situations. The October 15 memo from DOJ’s Corey R. Amundson serves as a response to inquiries regarding election day violence and emerging threats like recent ISIS plots.

This action aims to prevent unnecessary federal involvement at polling sites caused by false security alarms. It’s designed to foster cooperation between federal, state, and local forces, ensuring a coordinated response to any potential disruptions on Election Day.

Security Concerns and Legalities

Federal law enforcement received clear warnings about potential prosecutions if they responded to polling places armed due to misleading reports of crimes. The statute emphasizes that federal personnel may only be armed at polling locations under two specific conditions: during emergencies when voting processes cease, or while federal agents vote personally.

The recent guidance mirrors past communications, but current concerns have amplified its importance. The memo’s release sparked discussions and some confusion among agents who worry about responding to fake threats and their legal ramifications.

Ensuring Secure Elections

The Department of Justice’s efforts to maintain the integrity of the electoral process are significant. A special chain of command for handling incidents involving District Election Officers and FBI Election Crime Coordinators has been established. In addition, the DOJ will observe polls across 86 jurisdictions in 27 states for the November 5th general election, safeguarding compliance with federal civil rights laws.

Past concerns about military interference in elections shaped this pivotal statute. Now, its application underscores the importance of lawful and de-conflicted responses, protecting both public safety and the democratic process.

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