Prohibits members of the military or armed government presence from interfering with elections

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Democratic7

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Zellnor Myrie says this is needed

18 U.S.C. § 592 prohibits the deployment of federal troops or armed federal agents to polling places. 18 U.S.C. § 593 prohibits members of the military from interfering in elections, and 18 U.S.C. § 595 prohib- its government employees from using their official authority, in connection with activities financed by the United States, to interfere with or affect a federal election. Under these federal statutes, such actions are punishable as federal criminal offenses. This bill would similarly make such actions a state crime if committed by a state, local, or federal government or military official. The Justice Manual, the Department of Justice's publicly available guidebook on policies and procedures, describes 18 U.S.C. § 592 as prohibiting "armed federal presence where elections are held" and "the presence of armed officials at a location where an election is being held." Justice Manual § 9-85.400, "Armed Officials Where Elections are Held." The Federal Prosecution of Election Offenses, Eighth Edition, 2017, provides that 18 U.S.C. § 592 prohibits "FBI Special Agents from conducting investigations within the polls on election day, and Deputy U.S. Marshals from being stationed at open polls, as both are required to carry their weapons while on duty." It also explains that "the feder- al prosecutor has no authority to send FBI Special Agents or Deputy U.S. Marshals to polling places. In fact, a federal statute makes it a felony for any federal official to send 'armed men' to the vicinity of open polling places. 18 U.S.C. § 592." Moreover, "federal law provides crimi- nal penalties for any federal official who sends 'armed men' to open polling locations. 18 U.S.C. §592. Accordingly, the FBI's Manual of Investigative Operations and Guidelines, at § 56-8(6), provides that investigations in the vicinity of open polls must first be approved by the Justice Department." Under federal law, federal officials who commit crimes can be immune from state criminal prosecution only if the official's actions were authorized by federal law and "necessary and proper" in fulfilling their federal duties. This bill would clarify that, in this context, the same actions punishable as criminal offenses by government and military offi- cials under federal statutes, will also be punishable as a state crime by government and military officials. Intimidating voters or interfering with elections is not authorized by federal law or "necessary and prop- er" to fulfilling federal or any other governmental duty, and this bill would reinforce this federal principle. State law can also provide for civil remedial relief against federal officials who engage in conduct that violates federal law or the U.S. Constitution. The federal administration is currently engaged in a campaign to under- mine our elections and there have been public calls for the adminis- tration to deploy immigration law enforcement to the polls. If this administration, or any administration, decides to run afoul of these federal prohibitions, it is unlikely that a Department of Justice reporting to the same administration will prosecute those responsible and it will be incumbent on states to do so. This enactment does not, nor is intended to, usurp federal authority or undermine federal law. Nor does it discriminate against federal offi- cials or interfere with authorized federal duties. It only prohibits state, local, and federal government and military officials from engag- ing in conduct that is not authorized by federal law.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.