Concerns Grow Over Possible National Guard and ICE Presence at Midterm Polling Places

With the midterm elections less than 50 days away, a coalition of Democratic lawmakers, retired military officers, and civil-rights groups is seeking assurances that the U.S. military and Immigration and Customs Enforcement (ICE) will not be positioned at or near polling locations. Federal law bars armed federal agents or troops from polling places, yet President Trump has suggested that “anything necessary” might be required to ensure “honest elections.”

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The National Guard may assist states with logistics or cybersecurity when activated by governors, but a presidential order to place troops at polls would violate the Posse Comitatus Act.

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Gen. Gregory Guillot, commander of U.S. Northern Command, told Sen. Tammy Duckworth that he “very clearly understands the laws” and, if ordered, would “look at it very closely,” adding he does not think troops should be “anywhere near” polling places. Joint Chiefs Chairman Gen. Dan Caine has stated there are “no plans” to send troops to the polls. The White House, referencing a February press briefing, said the president has not considered deploying ICE, though it could not guarantee ICE would not appear near a polling site.

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Sen. Tammy Baldwin (D-Wis.) introduced the “Safe Access to the Polls” Act, which would prohibit federal funding for sending ICE agents or National Guard members to polling places, establishing checkpoints, or otherwise interfering with voter access. Retired Air Force Maj. Gen. Chioma Chukwu, executive director of the watchdog group American Oversight, emphasized that the DHS memo should be read in the context of the administration’s claims about voter fraud by unauthorized immigrants.

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• “This memo is designed as a work-around to say, 'Here is how we can get this done without violating federal law,'” — Chioma Chukwu

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