1. United States
  2. N.H.
  3. Letter

Questions on Safeguards Needed to Protect the November Election

To: Sen. Shaheen, Sen. Hassan, Rep. Pappas

From: A constituent in South Hampton, NH

October 5

I am writing as a constituent to ask what safeguards Congress is establishing before the November 3 election to protect voters and election administration from unlawful federal interference or intimidation. President Trump recently declined to rule out declaring an emergency before the midterm elections and specifically raised the possibility of invoking the Insurrection Act. Federal law contains important protections governing elections, including 18 U.S.C. §§ 592–594 and Section 11(b) of the Voting Rights Act, 52 U.S.C. § 10307(b). I respectfully ask: Have the relevant congressional committees requested written Election Day plans or legal guidance from the Department of Homeland Security, Department of Justice, and Department of Defense? What guidance has been issued concerning compliance with 18 U.S.C. §§ 592–594 and federal voter-intimidation law? If the Insurrection Act were invoked before or during the election, what procedures would ensure that military personnel do not unlawfully interfere with polling locations or election administration? What contingency procedures exist for immediate congressional oversight and judicial review if federal personnel are deployed in circumstances that raise legal concerns? In light of the substantial ongoing reductions and leadership changes among the military’s generals and admirals, has Congress sought assurances that senior military leaders have clear written guidance concerning lawful and unlawful election-related orders? I am not asking Congress to predict what the President will do. I am asking Congress to ensure that the governing law is understood and that procedures are established before a crisis occurs. Every eligible American, regardless of political affiliation, should be able to vote without intimidation or improper governmental interference. Please tell me what oversight has occurred and what safeguards are currently in place. Thank you.

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