The Justice Department has told a federal court that no FBI or Immigration and Customs Enforcement employees will serve as its election monitors during the Nov. 3 midterm elections.
"There will be no Federal Bureau of Investigation or U.S. Immigration and Customs Enforcement employees" serving as monitors, Eric Neff, acting chief of the Civil Rights Division's Voting Section, said in a declaration filed Wednesday under penalty of perjury in the U.S. District Court for the District of Columbia. He added that the division knows of no other Department of Homeland Security employees taking part in its 2026 monitoring.

Who will monitor the polls
The filing came in a Freedom of Information Act lawsuit brought by the NAACP. Monitors will include employees of the Federal Bureau of Prisons, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Administration, along with one Customs and Border Protection employee detailed to the department.
Monitors will observe polling places, take notes and may speak with willing voters outside after they cast their ballots. They are barred from carrying firearms or wearing federal attire, and the department has not finalized all monitor locations.
The department, which plans its largest-ever monitoring effort with about 1,000 staff, said it had never announced plans to send federal law enforcement to the polls. "This is not new," a spokesperson said.
Concerns persist
The Department of Homeland Security has said ICE is not planning operations targeting polling locations, though it has not ruled out targeted enforcement in response to an active public safety threat. President Donald Trump, DHS Secretary Markwayne Mullin and FBI Director Kash Patel have declined to rule out the presence of federal agents at polling places.
In Florida, two Border Patrol vehicles parked briefly outside an early voting site in Tallahassee, prompting Leon County Elections Supervisor Mark Earley to file a complaint with the FBI. Customs and Border Protection said the officers had stopped only to ask about voting early. Arlington County, Virginia, sued this month to block armed federal agents, including ICE and FBI officers, from polling places.