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Texas AG wins legal battle preventing DOJ from monitoring state elections

LEGAL NEWSLINE

Sunday, November 24, 2024

Texas AG wins legal battle preventing DOJ from monitoring state elections

State AG
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Attorney General Ken Paxton | Attorney General Ken Paxton Office

The U.S. Department of Justice (DOJ) has agreed not to enter polling and central count locations in Texas or interfere with the administration of elections in the state. This decision follows a lawsuit filed by Attorney General Ken Paxton against the DOJ over its plan to send federal agents to "monitor" Texas elections.

On November 1, just days before Election Day, the DOJ announced it would deploy federal election "monitors" to eight counties in Texas: Atascosa, Bexar, Dallas, Frio, Harris, Hays, Palo Pinto, and Waller. The Texas Secretary of State promptly informed the DOJ that state law does not allow federal “monitors” inside polling places or central counting stations. In response, on November 4, Attorney General Paxton sued the DOJ and federal officials, arguing that no federal statute permits the Biden-Harris Administration to send agents to “monitor” state elections when prohibited by state laws.

After Paxton's lawsuit and request for a temporary restraining order, the DOJ agreed to comply with Texas election law. According to this agreement, all DOJ “monitors” will remain outside polling and central count locations and follow Texas laws regarding conduct within 100 feet of these sites. They will also refrain from interfering with voters casting ballots. Additionally, a federal judge ordered confirmation from the Biden-Harris Administration that no “monitors” would be present at polling locations or enter tabulation centers against Texas law. Any violations should be reported immediately to local election officials and the Office of the Attorney General at [email protected]. The lawsuit against the DOJ will remain active until after the election to ensure 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.”

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