New York Attorney General Bars Armed Federal Agents From Midterm Polls

New York Attorney General Letitia James issued a formal directive on Tuesday, October 27, stating that military troops and armed federal officers are prohibited from polling places during the upcoming midterm elections. The guidance clarifies that agents from US Immigration and Customs Enforcement, US Customs and Border Protection, and the Federal Bureau of Investigation cannot be present at vote counting sites under current state and federal laws. Early voting for the November 3 general election is currently active and will continue through Sunday, November 1.

The attorney general emphasized that no one may use a badge, weapon, or threat to stop an eligible voter from casting a ballot. She noted that it is a federal crime to order, bring, or keep armed officers at a poll site. Under state law, local governments and their employees are barred from granting immigration enforcement officers access to a polling location for enforcement purposes unless the officers present a valid judicial warrant or court order. Voters who witness illegal collaboration between local officials and federal agents can submit complaints to the Office of the Attorney General’s Office of Immigrant Trust.

James provided specific rules regarding identification and assistance for voters. She confirmed that New York voters are never required to show photo ID to vote. However, first-time voters who did not provide identification when registering may be asked for proof of identity, which can include a utility bill, bank statement, paycheck, or government check. Those without such documents may cast an affidavit ballot and must later confirm their ID with their local Board of Elections. Voters with disabilities or difficulty reading or writing English may bring a helper, who does not need to be a citizen, registered voter, or adult, to assist them inside the voting booth.

The directive also sets strict boundaries for poll watchers and election observers. Each organization may have no more than three poll watchers per election district, with only one allowed inside the guard rail where inspectors work. Poll watchers may not solicit votes, wear campaign materials, or follow voters to privacy booths. If a poll watcher blocks voters, they can be ordered to sit and removed if they refuse. The US Department of Justice has announced plans to send monitors to polling places, and James stated that these monitors may not demand identification, challenge voters, or engage in political activity.

To protect voter privacy, election inspectors must keep everyone at least three feet away from individuals using privacy booths, ballot scanners, or ballot marking devices. No one may ask a voter to display a completed ballot. Firearms remain banned at all polling places, and campaigning or displaying political signs is prohibited within 100 feet of the entrance. The Office of the Attorney General’s Election Protection Hotline is available at (866) 390-2992 or electionhotline.ag.ny.gov for reports of intimidation or interference.