September 25, 2026 Authorities Governing the Deployment of Federal Law Enforcement During the Election and Post-Election Season

With rare exceptions, federal and state law prohibits deploying federal law enforcement to polling locations.

• States are primarily responsible for administering elections and for ensuring security around voting sites.
• Federal law generally bars the deployment of armed federal law enforcement authorities to voting locations, including armed DHS immigration agents.
• An array of federal and state laws sharply limit the potential use of law enforcement authorities that could affect the conduct of elections. Key federal laws include those:
  • Barring armed federal law enforcement agents or military servicemembers at or near polling locations other than to repel armed foreign enemies (18 U.S.C. 592)
  • Making voter intimidation a federal crime (18 U.S.C. 594)
  • Prohibiting government and private actors from conspiring to intimidate or injure voters in presidential or congressional elections (42 U.S.C. 1985)
  • Prohibiting voter intimidation by public or private entities (Section 11(b) of the Voting Rights Act)
• The U.S. and state constitutions provide further protections for voting and elections.
• Some federal civil staff have election-related duties, such as to enforce provisions of the Voting Rights Act or National Voter Registration Act, but these do not permit interference with voting.
• State laws provide additional protections, typically including specific limitations on the presence of law enforcement entities at voting sites.