Texas Attorney General Ken Paxton filed a lawsuit today against the Biden-Harris Administration to block Department of Justice (DOJ) election monitors from entering polling locations across eight Texas counties. The legal challenge comes after Texas Secretary of State Jane Nelson expressly prohibited federal monitors from accessing polling sites, citing state law restrictions on who can be present during voting.
The DOJ’s plan targeted Atascosa, Bexar, Dallas, Frio, Harris, Hays, Palo Pinto, and Waller counties for monitoring to ensure compliance with federal voting rights laws. This federal initiative spans 27 states, but Texas stands as one of the few taking direct legal action to prevent monitor deployment.
Texas’s resistance to federal election monitors marks another chapter in the state’s ongoing fight to maintain control over its electoral processes. The DOJ’s authority to deploy monitors stems from the Voting Rights Act of 1965, but recent Supreme Court decisions have limited federal oversight powers, requiring either local permission or court orders for monitor placement.
This legal confrontation emphasizes the growing tension between state sovereignty and federal oversight. Governor Greg Abbott backed Secretary Nelson’s position, stating federal monitors would not be permitted entry to Texas polling locations. The state’s lawsuit argues that the DOJ’s monitoring program represents unauthorized federal interference in state-run elections.
Texas joins other states like Florida, Missouri, and Arkansas that have previously blocked federal election monitors. These actions reflect a broader pattern of states asserting their constitutional authority over election administration against federal intervention attempts.
AG Paxton characterized the DOJ’s monitoring program as “lawless intimidation” that violates Texas’s constitutional right to manage its elections. The lawsuit seeks an immediate injunction to prevent federal monitors from entering any Texas polling locations during the current election cycle.
The DOJ has not responded to requests for comment about the lawsuit or their plans regarding monitor deployment in Texas counties. This development occurs amid heightened national attention on election integrity measures and state-federal jurisdictional disputes over election administration.
State election officials maintain that Texas law clearly defines who can be present at polling sites and vote count centers, and federal monitors do not qualify under these provisions. This stance reinforces Texas’s position that state law takes precedence in determining polling place access and election observation protocols.
