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Another Election Day is upon us, and Donald Trump has refused to rule out sending troops or ICE agents to polling places. Asked in May whether he would send the National Guard or ICE to voting locations, he answered: “I’d do anything necessary to make sure we have honest elections.”
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The Law
Four federal statutes apply to prevent this exact threat from Trump:
18 U.S.C. § 592 bars federal officials from ordering, bringing, or keeping “troops or armed men at any place where a general or special election is held.” Penalty: up to five years in prison and disqualification from federal office.
18 U.S.C. § 593 bars members of the armed forces from using “force, threat, intimidation, advice or otherwise” to prevent anyone from voting, and from interfering “in any manner with an election officer’s discharge of his duties.” Penalty: up to five years and disqualification from federal office.
18 U.S.C. § 594 bars intimidating, threatening, or coercing anyone “for the purpose of interfering with the right . . . to vote.” Penalty: up to one year.
18 U.S.C. § 595 bars government employees from using official authority, in connection with federally financed activity, to interfere with a federal election. Penalty: up to one year.
The only exception in § 592 is force “necessary to repel armed enemies of the United States.” Voters standing in line are not armed enemies. Any attempt by Trump to assert as much is unhinged and a lie. And because the statute says “armed men,” not merely soldiers, its plain terms reach armed federal agents too.
This Is Not Hypothetical
On September 1, Homeland Security Secretary Markwayne Mullin said ICE agents could enter polling places to make arrests: “If we’re serving a warrant we will be where we need to be.” DHS says, “ICE is not planning operations targeting polling locations,” yet Mullin carved out warrants and any “threat to that polling place”—exceptions broad enough to swallow the rule. Denver and Arlington County, Virginia, have sued to keep armed federal agents away from the polls.
Understand that these statements are not made in jest. They’re designed to push the Overton Window and convince people that our elections are not secure. Our elections are absolutely secure from being “stolen” by “illegals” as Trump and his cronies like to claim. The biggest threat to our elections right now is a President who doesn’t accept election results unless they declare him the winner. It’s why Trump has proactively sued Alaska for election interference in case his chosen candidate loses. This is, in a word, outrageous. Fortunately, a federal judge has already tossed out Trump’s absurd lawsuit—but some damage is done as Trump has sowed doubt in people’s minds.
A Message to Servicemembers
If the Nuremberg trials taught us anything, it is that declaring “I was just following orders” is not a defense to a manifestly unlawful act. If you are a servicemember and receive such an order, do not carry it out. Instead, speak with a military defense attorney first. Understand your full legal options. Remember, you swore an oath to the U.S. Constitution—not to a person. Even if that person is the President, your oath is to the Constitution, not to the President. This is not a call to disobey lawful orders—but an earnest reminder that you are responsible to only obey lawful orders. It is a reminder that an order to put troops at a polling place is not a lawful order. Sections 592 and 593 make ordering troops to the polls, or using them to intimidate voters or interfere with election officials, a federal crime. History will not remember who kept soldiers at the polls. It will remember who refused.
Moreover, if you act and Trump pardons you in advance, you are still subject to state laws that ban such acts. Trump has no power to pardon state crimes, and you will face accountability. It is not worth it to your personal benefit, and it is devastating to our national election security.
If You Are Intimidated at the Polls
The Brennan Center for Justice has written on this extensively. I summarize their most salient points below:
Stay calm and do not engage. Intimidation only works if it makes you leave.
Stay in line and vote.
Tell a poll worker or election official immediately.
Document from a safe distance: time, place, uniforms, badges, vehicles, and what was said.
Report it at vote.org/election-protection or call the Election Protection hotline, available in multiple languages:
English: 1-866-OUR-VOTE
Spanish or English: 1-888-VE-Y-VOTA
Asian languages or English: 1-888-API-VOTE (Mandarin, Cantonese, Korean, Vietnamese, Tagalog, Urdu, Hindi, Bengali/Bangla, and Punjabi)
Arabic or English: 1-844-YALLA-US
If you are denied a ballot, demand a provisional ballot and submit that provisional ballot. Even if your vote is rejected that day, a provisional ballot allows you to ensure your vote is counted once proper procedures are completed. Above all, it documents that you showed up and voted, and that is irreplaceable.
Who Protects Your Vote in Michigan
I’m in Michigan this week and knocking doors for Dr. Abdul El Sayed and the Democratic slate. Here’s the thing—laws matter only when the people we elect defend them. Michigan voters choose three of those people tomorrow. And their impact will be felt not just statewide, but nationwide.
Dr. Abdul El-Sayed, running for U.S. Senate. Whatever his critics say, Dr. Abdul El-Sayed is a unifier, and this interview shows it.
Lt. Gov. Garlin Gilchrist, running for Secretary of State. Michigan’s secretary of state is the state’s top election official. And while many may not realize it yet, Gilchrist could very well be the person who stops MAGA from stealing the 2028 presidential election. In our interview he breaks it down. He is also a software engineer who knows how to protect our data, our privacy, and keep our elections as secure and safe as they have always been.
Eli Savit, running for Attorney General. Savit discusses the most diverse ticket in Michigan history and his longtime support of Dr. El-Sayed. And yes, I asked what sport he would play if he were athletic. Because what good is politics without a little bit of rage bait? :)
Vote. Know Your Rights. Stay in the Fight.
This Election Day, vote, and bring someone with you. In fact, bring five someone’s with you. As I’ve shared before, you can also check out my free voter guide on Sway and have a road map of who I recommend you vote for nationwide. You can even start your own voter guide.
As a best practice, screenshot the hotline numbers above. If anyone, in uniform or not, tries to intimidate you, document it and report it. Do it quickly and with confidence. Then share this article with every voter and servicemember you know.
Conclusion
We have a chance to make history this Election Day. My job as a human rights lawyer remains clear—keep you informed of our rights, of how to protect our rights if violated, and to ensure we’re electing people who will continue to fight for us far into the future. We live at a fortunate time in history in that our elections are secure, your vote matters, and we have the chance to elect leaders who will keep it that way. Rather, leaders who will fight to continue to improve our republic and democracy. Show up on Election Day, make your voice heard, and let’s continue to work together to build that more perfect union.
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