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Texas refuses federal election observers on Election Day

Texas refuses federal election observers on Election Day

HOUSTON, TEXAS – NOVEMBER 7: Harris County Elections officials work as ballots arrive at NRG Stadium on Tuesday, November 7, 2023, in Houston. (Elizabeth Conley/Houston Chronicle via Getty Images)

Texas Secretary of State Jane Nelson says the state will not allow federal election observers into polling places. Election Day.

The Justice Department said it will send election day observers to 86 jurisdictions in 27 states, including eight Texas counties. These counties included Dallas and Palo Pinto.

On Friday, Nelson sent a letter to the Justice Department saying they would not be allowed to do so because it violated state law.

“If the secretary of state wants to say no to federal monitors, he has that right now under current federal law,” said David Cole, a constitutional lawyer who is not involved in the matter.

The federal government regularly sends election observers to polling places across the country to monitor for any potential voting rights violations.

Historically, the authority to do so came from the Voting Rights Act of 1965, which sought to equalize access to voting.

A Supreme Court decision in 2013 changed that.

“Federal election observers either have to get permission from state agents like the Secretary of State in Texas, or they have to act in accordance with a federal court order, which happens from time to time, but of course that’s not what happens. every day,” Cole said.

Nelson told the federal agency that their observers are not allowed into Texas polling places or places where ballots are being counted under state law.

“Texas can be confident in the state’s strong efforts to ensure election integrity,” Nelson said in her letter.

A recent AP/NORC poll finds that one in three Americans believe local or state officials could interfere with results, something states are trying to prevent.

However, there have been some attempts to interfere with elections, such as in Washington state, where a ballot box was set on fire last Monday. Hundreds of ballots were destroyed.

READ MORE: Ballot boxes set on fire in Oregon, Washington; Hundreds of ballots were burned

Cole believes the state is making the right choice as tensions rise.

“I think it’s good. I think it shows there is check and balance,” Cole said. “It’s very important to have checks and balances so that no one branch of government hijacks the election and runs the show.”