Armed federal agents, National Guard troops and unauthorized election monitors have no authority to descend on District polling places, question voters, seize ballots or interfere with vote counting, D.C. Attorney General Brian L. Schwalb warned Wednesday as the nation’s capital prepares for the Nov. 3 election.
With early voting scheduled to begin Oct. 26, Schwalb issued a detailed advisory outlining restrictions on federal law enforcement, military personnel, and anyone attempting to influence or disrupt an election. The warning specifically addresses Immigration and Customs Enforcement agents, the FBI, U.S. Marshals, National Guard troops, and election monitors sent by the U.S. Department of Justice.
“Voting in D.C. is simple, secure, and reliable,” Schwalb said.
The advisory leaves little room for misunderstanding about the authority of armed federal personnel at polling places. According to Schwalb’s office, federal law generally prohibits deploying armed federal officers or military personnel to election locations, and no federal official can use government authority to influence the outcome of a congressional or presidential election.
That prohibition extends to the National Guard troops already deployed in the District, whose presence has generated a separate legal confrontation between Schwalb’s office and the federal government. The attorney general said those troops have been specifically directed not to monitor or secure polling locations.
The advisory also addresses the possibility of armed immigration agents appearing where residents cast their ballots.
Federal law generally bars the government from sending armed personnel to polling locations, Schwalb’s office said, regardless of whether they work for ICE, the FBI, the U.S. Marshals Service or another federal agency.
Federal officials also cannot simply order District police officers to monitor polling places. Local government employees, like their federal counterparts, may face criminal penalties for improperly using their authority to interfere with federal elections.
The restrictions also apply to civilian observers.
Anyone seeking to observe voting or ballot counting inside a District polling location must obtain authorization from the D.C. Board of Elections. Approved observers cannot touch ballots or voting machines, speak to voters while they cast ballots, interfere with election workers, or photograph activity inside polling places while voting is underway.
Even Justice Department election monitors, who have observed elections across the country for decades, must comply with District requirements, according to the advisory.
They cannot demand personal information from voters, inspect or confiscate ballots, determine which votes should be counted or interfere with election administration. Their role is limited to observation.
Schwalb’s office also rejected the notion that federal officials could independently assume control of the District’s election machinery.
“The Constitution gives states primary responsibility for administering federal elections, subject to laws Congress enacts,” Schwalb stated. “Although Washington is not a state, Congress has delegated authority to the District to administer its elections. Federal executive officials cannot unilaterally replace those rules.”
The advisory does not prohibit legitimate election observation. Representatives of candidates, ballot initiatives, and other approved observers may witness election proceedings after receiving the required credentials. They must follow restrictions designed to prevent interference with voters and election workers.
Every registered D.C. voter is being mailed a ballot, and residents who choose to return their ballots through the Postal Service must postmark them by Nov. 3 and have them received by Nov. 13. Ballots can also be deposited at designated drop boxes until 8 p.m. on Election Day.
“A reminder that you can vote by mail, vote in person early between [Oct. 26- Nov. 1], or vote on Election Day, [Nov. 3],” Councilmember Brooke Pinto (D-Ward 2) wrote on X, formerly known as Twitter in response to Schwalb’s announcement..
During the early period, District residents can place their ballots at voting centers, open daily from 8:30 a.m. to 7 p.m. On Election Day, centers will operate from 7 a.m. to 8 p.m. Residents may vote at any District vote center, and eligible unregistered voters may register in person and cast a ballot during early voting or on Election Day.
Election officials recommend that residents who have not received their mail ballots by Oct. 30 make plans to vote in person.
Residents who encounter threats, intimidation, coercion, or unauthorized interference can contact the attorney general’s office at 202-727-3400 or OAGVoting@dc.gov. Complaints may also be submitted to the D.C. Board of Elections at 202-727-2194 or ogc@dcboe.org.
“Anyone who experiences or witnesses interference with our local elections should report potential violations to our office and the DC Board of Elections,” Schwalb said.
