DOJ Agrees to Stay Out of Texas Polling Sites After Legal Challenge by Ken Paxton

DOJ Agrees to Stay Out of Texas Polling Sites After Legal Challenge by Ken Paxton

BREAKING: The U.S. Department of Justice (DOJ) agreed last night to refrain from entering polling and vote-counting locations in Texas, resolving a dispute over federal monitoring just hours after Texas Attorney General Ken Paxton filed a lawsuit over the matter.

On Nov. 1, just days before Election Day, the DOJ announced it would send federal election monitors to eight Texas counties, including Atascosa, Bexar, Dallas, Frio, Harris, Hays, Palo Pinto, and Waller. 

Jane Nelson, the Texas Secretary of State, promptly notified the DOJ that state law does not allow federal monitors inside polling places or central counting stations. 

Yesterday, Paxton filed a lawsuit against the DOJ, arguing that no federal law authorizes the Biden-Harris administration to send federal agents to monitor state elections when such monitoring is prohibited by state laws.

In response to Paxton’s lawsuit and request for a temporary restraining order, the DOJ agreed to comply with Texas election law. Under the agreement, federal monitors will remain outside polling and vote-counting locations, comply with Texas rules on conduct within 100 feet of those locations, and avoid any interference with voters casting ballots. 

Additionally, a federal judge instructed the Biden-Harris administration to confirm that no federal monitors would enter Texas polling locations or vote tabulation centers in violation of state law. 

Election officials and the public are encouraged to report any breaches of this agreement to local election authorities or to the Texas Attorney General’s Office at illegalvoting@oag.texas.gov. 

Texas’s lawsuit against the DOJ will remain active until the election concludes to ensure federal compliance.

“Texans run Texas elections, and we will not be bullied by the Department of Justice,” Paxton said. “The DOJ knows it has no authority to monitor Texas elections and backed down when Texas stood up for the rule of law. No federal agent will be permitted to interfere with Texas’s free and fair elections.”

The agreement specifies that federal monitors must remain outside the 100-foot boundary markers required by Texas law.

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