DEMOCRACY WATCHBlue States Push to Ban ICE at the Polls Amid Federal Voter Intimidation Fears

By Jonathan Shorman

Several Democratic states are moving to bar federal immigration agents from being near polling places and other election sites, amid persistent worries that President Donald Trump will use federal law enforcement or the military to disrupt the midterm elections.

Measures to restrict federal agents from operating at or near election-related locations have been offered in more than half a dozen states, according to a Stateline count. While the proposals vary, they broadly seek to combat the prospect of chaotic confrontations between federal agents and voters this November.

A federal law dating to the end of the Civil War already bans sending the military or other “armed men” to polling places, except to repel armed enemies of the United States. The U.S. Constitution also gives states — not the president or federal government — the responsibility for running elections.

But Trump’s calls to nationalize elections, his promise to impose voting restrictions with or without Congress, and his history of working to overturn the 2020 presidential election is prompting some Democratic state lawmakers to act. Adding to lawmakers’ fears is the FBI’s January seizure of ballots from the 2020 election in Fulton County, Georgia, and U.S. Department of Justice lawsuits against dozens of states for copies of their voter rolls that include sensitive personal information.

The president’s party typically loses ground in Congress in midterm elections. Given that, Democrats fear Trump is laying the groundwork to block or cast doubt on a losing outcome.

“When the president says he’s going to break the law, I actually believe him,” said California state Sen. Tom Umberg, a Democrat who has introduced legislation that would prohibit federal immigration enforcement within 200 feet of polling places. He said Trump’s call to “nationalize” elections was the “triggering event” that prompted him to offer the bill.

Legislation to restrict immigration enforcement or the presence of federal forces near polling places and other election sites has been offered or announced in California, Connecticut, New Mexico, Pennsylvania, Rhode Island, Virginia and Washington. A bill has also been introduced in Kansas, which has a Democratic governor, but the measure is unlikely to pass in the Republican-controlled legislature.