DOJ Ruling Orders that Election Monitors Stay 100 Feet from Polling Locations in Texas

The U.S. Department of Justice agreed last night not to enter Texas polling and central count locations or otherwise interfere with the administration of Texas elections just hours after Attorney General Ken Paxton sued the DOJ over its announcement that it would send federal agents to "monitor" Texas elections. 

On November 1, just four days before Election Day, DOJ announced that it would deploy federal election "monitors" to eight Texas counties, including Atascosa, Bexar, Dallas, Frio, Harris, Hays, Palo Pinto, and Waller. The Texas Secretary of State immediately notified DOJ that Texas law does not permit federal “monitors” inside a polling place or central counting station. On November 4, Attorney General Paxton sued DOJ and federal officials, noting no federal statute authorizes the Biden-Harris Administration to dispatch federal agents to “monitor” State elections when they are prohibited by State laws.

Following Attorney General Paxton’s lawsuit and request for a temporary restraining order, DOJ reversed course and agreed to abide by Texas election law. Per the agreement, all DOJ “monitors” will remain outside of polling and central count locations, abide by Texas laws governing conduct within 100 feet of those locations, and refrain from interfering with any voters attempting to cast ballots. Further, a federal judge ordered the Biden-Harris Administration to confirm that no “monitors” will be present at Texas polling locations or enter tabulation centers in violation of Texas law. Election administrators and members of the public should immediately report any violations of this agreement to appropriate local election officials and to the Office of the Attorney General at illegalvoting@oag.texas.gov. Texas’s lawsuit against the DOJ will remain pending until the conclusion of the election to ensure DOJ’s compliance. 

“Texans run Texas elections, and we will not be bullied by the Department of Justice,” said Attorney General Paxton. “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.” 

To read the agreement, click here.

To read the order, click here. 

The agreement requires federal election monitors to remain outside the 100-foot boundary markers, as required under Texas law.