Memorandum
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- Delaney Sawyer via FOX News
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- Politics·5 min to read
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DOJ calls Virginia attorney general's Election Day guidance political posturing
ReDOJ calls Virginia attorney general's Election Day guidance political posturing
The Justice Department criticized Virginia Attorney General Jay Jones' guidance telling local election officials to call police when federal agents approach polling places and to document their activity.
The Justice Department has dismissed Virginia Attorney General Jay Jones' Election Day guidance as « bluster and political posturing », pushing back against a 10-page directive that advises local election officials to call police when federal agents approach polling places and to document their activities.
The October 15 bulletin was jointly issued by Jones' office and the Virginia Department of Elections. It outlines how officials should respond to federal agents, scrutinize requests from Justice Department election monitors and prepare for potential federal demands for ballots and voting equipment. A DOJ spokesperson told Fox News Digital that the guidance « attacks a strawman, » and said the department's election monitors would be engaging in the same routine monitoring it has conducted for decades.
The spokesperson said the department was hopeful that local officials in Virginia would continue their longstanding practice of allowing DOJ monitors into polling places to evaluate compliance with federal law. « The Virginia AG's statement reads as nothing more than bluster and political posturing for his own self-interested purposes, » the spokesperson said. The department has already announced plans to send election monitors to the Democratic-leaning Fairfax and Prince William counties.
The bulletin advises officials to consult with lawyers and to establish communications with local prosecutors and police ahead of Election Day. It states that these discussions help officials explain to law enforcement what counts as intimidation and interference, including issues related to the presence of unauthorized individuals. « If, for example, an armed individual attempts to gain access to a polling location, officials should call local law enforcement immediately, » it says.
Separately, the bulletin advises officials to consider contacting police and counsel if federal agents approach or enter polling places, while cautioning against physically obstructing them. On a later page, the plan says ordinary DOJ monitors must obtain local authorization to enter polling locations, under rules similar to those for neutral observers. If a monitor requests access, local registrars are to discuss the scope of the monitoring with the agency before consenting and to consider asking whether DOJ is assessing compliance with civil or criminal federal laws. The bulletin also tells officials to consult attorneys and prepare to respond to federal subpoenas seeking ballots or voting equipment.
Republican critics have seized on the guidance. Del. Wren Williams, R-Stuart, an attorney who litigated against Jones over Democrats' failed redistricting-related lawsuit, said the attorney general had his election-security priorities backward. « Jay Jones wants poll workers collecting ICE agents' badge numbers, but God forbid they verify a voter's ID, » Williams said. Virginia State Sen. Danny Diggs, R-Poquoson, a former York County sheriff, said that in 45 years in law enforcement he never saw an officer or official observer « make a polling place less safe, » and called the approach « reckless. »
Virginia still requires voters to present identification or sign an identity confirmation statement, though legislation enacted this year eliminated Election Day challenges to individual voters' qualifications at polling places. The Virginia Department of Elections, known as ELECT, received multiple inquiries about how to respond when federal representatives showed up at polls, which prompted the guidance. Fox News Digital reached out to Jones and ELECT for comment.
Jones has defended the effort. In a statement obtained by Fox News Digital days earlier, he announced a new Voter Protection Section within his office. « That is why we created a dedicated Voter Protection Section within the Office of the Attorney General, » Jones said. « Virginia votes every year, and protecting the franchise must be a year-round responsibility. In Virginia, the right to vote will be defended. » Virginia Beach attorney Tim Anderson called the plan a « remarkable directive to election officials, » noting that the state has eliminated the ability to challenge a voter's qualifications at the polling place.
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