DOJ Says It Won't Improperly Interfere in Elections. Does Its Record Match?
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I am writing as your constituent to address the stark contradiction between the DOJ's public assurances and its active legal interventions in state midterm election administration.
On October 22, Attorney General Todd Blanche stated that "it's never our intention to improperly interfere with our elections or the state certification process." Yet when asked directly if there are scenarios where the DOJ would attempt to block a state from certifying election results, he conceded: "Of course I'm not going to say that."
Under Article I, Section 4 of the Constitution, election administration and certification are entrusted strictly to the States and Congress—not the Executive Branch. Despite this, the Justice Department's current actions reflect unprecedented pre-election intervention:
- Alaska Senate Certification Lawsuit: On October 23, the DOJ filed a federal lawsuit seeking to block certification of Alaska’s Senate race under specific outcomes, citing ballot disputes. Legal scholars note that no federal statute authorizes the executive branch to enjoin state certification, and Senator Lisa Murkowski publicly termed the litigation wholly unnecessary.
- California Voter Roll Demands: On October 15, the DOJ sued California after demanding that Los Angeles County segregate and refuse to count more than 20,000 ballots within 48 hours under threat of criminal prosecution, despite providing zero verified evidence that any unlawful ballots were cast.
- Unanswered Congressional Inquiries on Armed Deployment: The DOJ has repeatedly failed to reaffirm its longstanding election non-interference policy. Attorney General Blanche has not responded to congressional inquiries due October 29 regarding whether the DOJ will deploy armed personnel to polling places or attempt to seize local election machinery.
Individual enforcement actions must not coalesce into unauthorized executive control over state certification.
I urge you to take action:
1. Demand Public AG Compliance: Press Attorney General Blanche to formally answer the Senate Judiciary Committee's October 15 inquiry by the October 29 deadline and explicitly reaffirm the DOJ's election non-interference policy.
2. Require Written Legal Justifications: Direct the DOJ to produce written legal justifications detailing its statutory authority to seek state certification injunctions in Alaska or threaten local election officials with criminal penalties.
3. Mandate Polling Place Disclosures: Require written confirmation stating whether any federal personnel or armed agents will deploy to polling locations or ballot-counting facilities.
4. Codify Certification Protections: Enact statutory language explicitly confirming that the Executive Branch lacks legal authority to halt state election certifications or seize voting equipment, and bar appropriations for such actions.
The Constitution gives Congress and States authority over elections. Protect state certification and enforce Article I guardrails.