Just hours before Election Day, Texas Attorney General Ken Paxton sued the U.S. Department of Justice for its plans to send federal election monitors in seven counties of the state.
The suit, filed on Monday evening, alleges that the election monitors are “unlawful,” as Texas law only gives a list of 15 categories of people who are allowed inside polling locations. According to the Dallas Morning News, this list includes voters and minors accompanied by voters, state and local election officials, and poll watchers who have completed state mandated training.
Paxton asked for a temporary restraining order to prevent the monitors from entering polling or counting locations and a permanent injunction on federal election monitoring in Texas.
On Friday, the Justice Department announced its plan to send election monitors to 86 jurisdictions across 27 states on Election Day. In Texas, the DOJ planned to send monitors to Atascosa, Bexar, Dallas, Frio, Harris, Hays, Palo Pinto and Waller counties.
Paxton’s lawsuit challenges the DOJ’s authority, citing the 2013 Supreme Court ruling that scaled back provisions of the Voting Rights Act (VRA) of 1965. This ruling requires federal officials to obtain either a court order or the cooperation of state or local officials to access polling sites, limiting the federal role in election monitoring.
According to the Houston Chronicle, The DOJ previously sent monitors to Harris County ahead of the elections in 2016, 2018, 2020, and 2022. Reportedly, this year Texas Democratic candidates and elected officials asked the department to send monitors to observe elections.
Texas isn’t alone in opposing federal monitors this year. Earlier the same day, Missouri’s Secretary of State filed a similar lawsuit to limit federal access, following similar restrictions imposed by Missouri and Florida officials during the 2022 midterm elections. The DOJ declined to comment on Paxton’s lawsuit
