DOJ criticizes Virginia AG over polling place guidance for federal agents

The Justice Department and Virginia Attorney General Jay Jones clashed on Tuesday over a state directive telling local election officials to alert police when federal agents approach polling places. DOJ described the guidance as performative, while Jones defended it as necessary protection for the voting process.

The dispute centers on a 10-page bulletin issued on Oct. 15 by Jones' office and the Virginia Department of Elections. The document advises local officials to consult lawyers, establish communication with local prosecutors, and call police if federal agents enter or approach polls. It also instructs officials to document the activities of any federal representatives present at voting locations.

A DOJ spokesperson told Fox News Digital that the agency's election monitors will engage in the same routine monitoring performed for decades. The spokesperson argued that the Virginia Attorney General's statement amounts to bluster and political posturing for self-interested purposes.

"DOJ's election monitors will be engaging in the same routine monitoring we've done for decades," the spokesperson said. "The Virginia AG's statement reads as nothing more than bluster and political posturing for his own self-interested purposes."

DOJ has already announced plans to send election monitors to Fairfax and Prince William Counties, both of which have large Democratic populations. The state bulletin states that ordinary DOJ monitors must obtain local authorization to enter polling locations under rules similar to those for neutral observers.

If a monitor requests access, the plan prescribes that local registrars discuss the scope of monitoring with the agency before consenting. Officials are advised to consider asking whether DOJ is assessing compliance with civil or criminal federal laws. The bulletin also advises officials to prepare to respond to federal subpoenas seeking ballots or voting equipment.

Del. Wren Williams, a Republican from Stuart, criticized the directive, stating that Jones has election security priorities backward. Williams noted that the state requires voters to present identification or sign an identity confirmation statement, yet the guidance focuses on collecting badge numbers from ICE agents.

"Jay Jones wants poll workers collecting ICE agents’ badge numbers, but God forbid they verify a voter’s ID," Williams said. "Plus, I thought Democrats said illegals weren’t voting, so who exactly is Jones trying to protect?"

Virginia State Sen. Danny Diggs, a former sheriff, called the game plan reckless. He stated that in 45 years of law enforcement, he never saw an officer or official observer make a polling place less safe. Diggs said he was always welcomed by election officials while armed and in uniform.

America First Legal filed a public-records request on Monday seeking legal analyses and communications behind the bulletin. The firm also requested records concerning Jones' newly launched Voter Protection Section and inquiries about federal election monitoring. Jones established that section days after issuing the bulletin, citing the need for a permanent team to defend voting rights.

Virginia Beach attorney Tim Anderson described the directive as remarkable, noting that Virginia eliminated the ability to challenge a voter's qualifications at the polling place this year. Anderson said the bulletin identifies no specific planned unlawful federal operation in the state.