Skip to content

Protections For Elections

This site analyzes 18 U.S.C. § 592 and related federal and state law regarding armed federal personnel at polling places. It provides federal statutory analysis, 50-state home rule and preemption profiles, model legal language, and a factual record of federal statements and deployments.

Federal Law Summary

18 U.S.C. § 592 provides that any officer of the Army or Navy, or other person in the civil, military, or naval service of the United States, who "orders, brings, keeps, or has under his authority or control any troops or armed men at any place where a general or special election is held, unless such force be necessary to repel armed enemies of the United States," shall be fined under the title or imprisoned not more than five years, or both. A conviction also carries permanent disqualification from federal office. The statute was enacted during Reconstruction and remains in the current United States Code.

52 U.S.C. § 10307(b) — Section 11(b) of the Voting Rights Act — prohibits any person, whether acting under color of law or otherwise, from intimidating, threatening, or coercing any voter or prospective voter. Federal courts have interpreted Section 11(b) as imposing liability based on the intimidating effect of conduct on voter behavior; the provision does not contain an express specific-intent element. See, e.g., Arizona Alliance for Retired Americans v. Clean Elections USA, No. CV-22-01823 (D. Ariz. 2022).

Together, these statutes establish a federal criminal prohibition on armed federal presence at polling places and a federal civil prohibition on voter intimidation that apply to both governmental and non-governmental actors.

Two categories of sub-federal law are relevant to enforcement of 18 U.S.C. § 592 and 52 U.S.C. § 10307(b):

  • Municipal ordinances governing the allocation of local resources, custody of election equipment, and conduct of peace officers at polling places. Authority to adopt such ordinances depends on the state's home rule framework and the presence or absence of state preemption.
  • State legislation creating state-law criminal or civil penalties for the deployment of armed federal personnel to polling places, or codifying restrictions on the presence of law enforcement in polling places.

New Mexico enacted state legislation in this category on March 9, 2026 (SB 264). Similar bills have been introduced in other state legislatures. The 50-State Home Rule and Preemption Analysis summarizes the legal authority available in each state.

Factual Record

Statements by federal officials

  • February 2, 2026 — In a televised interview, former White House Chief Strategist Stephen K. Bannon stated that armed federal agents could be deployed to polling places during the 2026 federal elections.
  • February 3, 2026 — Asked at a White House press briefing whether the administration would rule out deploying ICE or other armed federal personnel to polling locations, Press Secretary Karoline Leavitt declined to do so.
  • The White House has not issued a formal policy statement ruling out the deployment of armed federal agents to polling places.

January 2026 federal deployment in Minneapolis–St. Paul

In January 2026, approximately 3,000 federal officers were deployed to the Minneapolis–St. Paul metropolitan area. The deployment period overlapped with the special election in Minnesota House District 64A. According to 2019 U.S. Census data, the area has an immigrant population of more than 60,000. Campaigns and civic organizations in the district reported suspending door-knocking operations; building managers reported restricting canvasser access; and the Minnesota Democratic–Farmer–Labor Party reported deploying 9,000 trained observers for precinct caucuses. The Minneapolis–St. Paul deployment is documented in further detail on the Factual Record page.

Public opinion data

A 2026 Data for Progress survey found that 64% of respondents believe the federal administration will attempt to deploy ICE agents to prevent participation in the 2026 midterm elections.

The State Legal Profiles section classifies the 50 states by the type of municipal authority available for polling place ordinances and the presence or absence of state preemption:

  • Tier 1 — Strong Home Rule Authority. States in which charter or constitutional home rule provides municipalities with broad authority over local governmental functions, and in which no state statute preempts local regulation of law-enforcement presence at polling places.
  • Tier 2 — Limited or Conditional Home Rule. States in which municipal authority is conditional, statutory rather than constitutional, or subject to specific procedural requirements.
  • Tier 3 — Dillon's Rule or Preemption Constraints. States that follow Dillon's Rule strictly or have enacted anti-sanctuary or related preemption statutes that constrain the scope of local ordinance authority.

Key Documents

Document Purpose Primary Audience
Polling Place Law — Overview Overview of federal and state law applicable to polling places and voter rights Residents
Federal Governance Framework Constitutional basis for state and local authority over the conduct of elections All
ICE at Polling Places — Federal Law Statutory analysis of 18 U.S.C. § 592 and 52 U.S.C. § 10307(b) Attorneys Officials
Insurrection Act Analysis Trump v. Illinois (Dec. 2025) and the intersection with § 592 Attorneys Officials
The Supremacy Clause Anti-commandeering doctrine and federal preemption taxonomy Attorneys
Ballot Security Injunction History DNC v. RNC consent decree (1982–2018) and post-expiration litigation Attorneys
50-State Home Rule and Preemption Analysis State-by-state classification of home rule authority and preemption All
Evidence Collection Framework Evidence categories, chain of custody, and expert-witness considerations Attorneys
Model Municipal Ordinance — Annotated Template Model municipal ordinance with annotated operative sections Officials Attorneys
Model State Legislation — Annotated Template Model state legislation drawn from New Mexico SB 264 Legislators Attorneys

How to Use This Guide Legal Framework Overview