What federal election monitors can and can’t do in Indiana

The U.S. Department of Justice on Election Day is sending 24 staff monitors to polling locations in Marion and Lake counties.

The move has raised concerns with some voters, who worry the monitors may try to interfere with the state’s elections.

Here’s what you need to know about the monitors and what they can and can’t do at polling locations.

A routine process

The DOJ for decades has routinely sent observers to voting sites around the country.

The purpose of staff monitors is to observe, document and report on compliance with civil rights laws. The department bases this program on its general authority to investigate and enforce federal laws.

The agency earlier this year announced plans to send 1,000 observers to all 50 states, marking a sharp increase from previous years. Just 289 were sent out for the 2022 midterms, and 714 for the 2024 presidential election, CBS News has reported.

Who are the monitors?

Staff monitors are usually employees of the DOJ and are typically attorneys from the civil rights
division.

However, not all of the monitors coming to Indiana actually work for the DOJ, Marion County Clerk Kate Sweeney Bell said in an interview with the Indiana Capital Chronicle. Some observers will come from other federal entities.

The monitors will be in plain clothes, not DOJ uniforms. They won’t be law enforcement officers and they won’t be carrying firearms, according to Sweeney Bell.

All monitors are required to have a temporary ID that they must show upon request.

Poll workers have been instructed to document the presence of election monitors at voting locations, including recording their name, badge number, time of arrival and departure and their stated purpose.

What can monitors do on Election Day?

Monitors can observe, document and report on any alleged violations with federal civil rights laws from outside polling locations. That includes whether voting locations are accessible.

They are also permitted to conduct voluntary exit interviews with voters – but voters are not required to answer questions or engage with monitors, according to Sweeney Bell.

“If they want to tell somebody trying to talk to them to pound sand, that’s their right,” she told the Indiana Capital Chronicle. “They will not get in trouble for it.”

What can monitors NOT do on Election Day?

Monitors must be located at least 50 feet away from a poll entrance and cannot enter a voting location unless they obtain a warrant, according to Danielle Drake, advocacy manager with the American Civil Liberties Union of Indiana.

They are not permitted to ask voters questions before they enter a voting location.

Monitors may not interfere with voters, handle ballots or voting equipment, direct poll workers or represent themselves as having authority over election procedures.

It is illegal for anyone, including monitors, to intimidate voters at the polls.

Voter intimidation can include threatening or aggressive behavior, questioning voters about their eligibility or how they will vote, or spreading false information, according to Drake.

In a letter to Marion County election officials, the DOJ confirmed that “monitors only observe” and “do not intrude or interfere in any way in the voting process.”

Monitors can be removed from election sites for violations of state and federal election laws.

What to do if you think a monitor is breaking the law

First, voters should prioritize their safety, Drake said. If it’s safe, document the incident in writing, or with photos or video, and include what happened and when. Then tell a poll worker what’s going on.

Poll workers have been instructed to document any complaints from monitors or voters and report them to the Election Board.

Voters can also call the nonpartisan Election Protection hotline to report an incident. The phone number is 866-687-8683.

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FPI News reporter Carson Gerber covers pressing issues throughout the state and how local communities are tackling those challenges. Reach him at 756-204-4250 or carson.gerber@fpinews.org.