By Alex Swoyer – The Washington Times – Tuesday, November 5, 2024

Federal judges rejected moves by Texas and Missouri officials to halt the Biden administration from sending federal employees to monitor their state’s elections.

In an order Monday, U.S. District Judge Sarah Pitlyk denied Missouri’s request for a restraining order against the federal monitors. She said there’s a public interest for the government to enforce the American with Disabilities Act.

And U.S. District Judge Matthew Kacsmaryk told Texas officials they had to notify the federal government of their request for a restraining order prior to having any order granted, giving the state until Tuesday afternoon to do so.

“Plaintiffs did not certify in writing any efforts it made to notify defendants,” Judge Kacsmaryk wrote. “Further, while plaintiffs argue why a temporary restraining order is justified here, they fail to outline the reasons why notice should not be required.”

Judges Pitlyk and Kacsmaryk are both Trump appointees.

Federal officials said Friday that they planned to have monitors target 86 jurisdictions in 27 states.

The announcement garnered pushback from red states.

Texas Attorney General Ken Paxton said Monday that the Department of Justice’s move ran afoul of state law and was not authorized under any federal authority.

“Texas law alone determines who can monitor voting in Texas,” his lawsuit reads.

Section 61.001 of the Texas Election Code lists who may be permitted at polling stations and does not include federal inspectors.

“The Biden-Harris administration’s lawless intimidation campaign infringes on states’ constitutional authority to run free and fair elections,” said Mr. Paxton, a Republican. “Texas will not be intimidated, and I will make every effort to prevent weaponized federal agencies from interfering in our elections.”

The state later filed a notice of agreement, saying that federal monitors agreed to remain outside the polling places. 

Missouri Attorney General Andrew Bailey, also a Republican, sued the federal government on Sunday over the move to send poll watchers to his state.

“For the second election cycle in a row, the Department of Justice, at the 11th hour, has announced an intent to displace state election authorities. Absent exceedingly clear federal authority,” Missouri’s lawsuit reads.

• Alex Swoyer can be reached at [email protected].