The NAACP is taking Donald Trump’s Justice Department to court just weeks before the midterm elections, warning that plans to send federal law enforcement personnel to polling places could discourage Americans from voting.
In a federal lawsuit filed October 16, the civil rights organization and three NAACP members are seeking to block the deployment of criminal prosecutors, FBI agents, and other federal law enforcement personnel as election monitors. Advancement Project is serving as legal counsel in the challenge.
The lawsuit names Attorney General Todd Blanche, Assistant Attorney General Harmeet Dhillon, and the Department of Justice as defendants. Plaintiffs argue the proposed DOJ election monitors could create confusion, intimidate eligible voters, and interfere with state and local election operations.
“Voter intimidation has no place in our democracy,” said Kristen Clarke, NAACP General Counsel. “This Justice Department is abusing its power and authority by deploying ‘monitors’ to discourage people from voting and to disrupt the election process. We will not stand by idly in the face of this thinly veiled attempt to hijack the midterm election season. To date, they have deployed FBI agents, prosecutors, and even a convicted criminal to the polls — these actors have no right to interfere with the way elections are run in our country. The court must step in now to rein in federal officials who are bent on abusing the levers of power to silence voters. We will continue to stand up to ensure that the path to the ballot box remains free from intimidation and harassment for every American.”
Federal election monitoring is not new. According to the complaint, the Justice Department has historically assigned civil rights attorneys and trained staff to observe polling locations and ensure compliance with federal voting protections. Those efforts generally involved coordination with local election officials and advance public notification.
However, the NAACP argues the administration has significantly changed that practice by introducing criminal law enforcement personnel and expanding the program’s reach.
According to the NAACP’s earlier investigation, the department began deploying monitors during the 2026 primary elections. The new lawsuit points to statements from federal officials outlining plans to send approximately 1,000 monitors to all 50 states for the November 3 election.
Concerns intensified following reporting about who had already participated in the program.
According to Democracy Docket, federal records revealed that six criminal prosecutors and an FBI special agent were assigned to monitor Arizona’s July primary elections.
Additional reporting from Democracy Docket identified DOJ attorney David Michael Levin among the monitors. Levin previously pleaded guilty to misdemeanor charges stemming from unauthorized access to Florida election websites. The incident did not involve voting machines or vote counting systems.
In Wyoming, Republican Governor Mark Gordon also raised concerns about federal monitors, describing their behavior as “aggressive” and “irregular,” according to the complaint.
The Justice Department disputes the suggestion that its monitoring efforts are designed to intimidate voters. In an official statement, the agency described its mission as protecting ballot security, transparency, and compliance with federal election laws.
The central legal dispute concerns whether deploying criminal law enforcement personnel under the DOJ election monitors program violates protections established under the Voting Rights Act.
Section 11(b) of the Voting Rights Act prohibits intimidation, threats, and coercion against people exercising their voting rights or helping others vote. The NAACP argues those protections also apply to government officials.
“Generations of Black and brown voters faced down sheriffs and poll taxes to cast a ballot, so we know intimidation when we see it,” said Carmen Daugherty, Executive Director of Advancement Project. “The Voting Rights Act exists to protect voters from exactly this kind of intimidation, including by the DOJ. We’re taking this fight to court, and we’re asking every voter to take it to the ballot box on November 3rd, because nothing answers intimidation like a line out the door at every polling place.”
This legal battle follows a separate NAACP lawsuit seeking records about the department’s monitoring plans. The organization has questioned the program’s legal authority, staffing, and safeguards.
In its latest complaint, the NAACP is asking the federal court to prohibit criminal prosecutors and law enforcement agents from serving as DOJ election monitors, restrict activities that could intimidate voters, and require greater transparency surrounding monitoring operations.
With Election Day approaching, the court’s response could determine how far federal authorities can go in overseeing polling locations while protecting the right of Americans to cast their ballots without fear.
