There’s a battle brewing between the U.S. Department of Justice and the New Jersey Attorney General’s office over federal election monitors in Passaic County.
Assistant Attorney General Angela Cai is pushing back on yesterday’s announcement that the Justice Department would monitor polling sites in Passaic County after the New Jersey GOP alleged the county’s Board of Elections rejected enhanced security procedures to protect ballots.
In a letter to county boards of elections obtained by the New Jersey Globe offering guidance, Cai said there are “very limited circumstances” where federal authorities may enter a polling location, and that federal election monitors must seek authorization from a federal judge to observe election proceedings.
Cai argues the U.S. Attorney General must conduct a “highly circumscribed” process under the Voting Rights Act in response to worthy complaints of race discrimination.
“We are not aware of any such certification process connected to New Jersey’s upcoming General Election, or any basis for one.
Now the Attorney General’s office is telling counties that they are not obligated to permit the Justice Department access.
“As a matter of federal and state law, and absent a court order or agreement, DOJ monitors have no greater rights to enter or access polling sites than members of the public,” Cai stated. “If you have any questions on these matters, please do not hesitate to contact our office.
Cai acknowledged that state election law is silent on the power of a Board of Elections to “grant federal monitors entry to polling sites.”
“There are no prohibitions under state law on federal monitors — and members of the general public — being present outside the protective zone surrounding polling locations,” she wrote. “However, both state and federal law generally prohibit intimidation, threatening, or coercion of voters, obstructing or interfering with the right to vote, or deprivation of the right to vote, regardless of location.”
Earlier this week, an attorney representing the Republican State Committee sent a letter to Assistant U.S. Attorney General Harmeet Dhillon requesting federal monitoring of the Passaic County Board of Elections to ensure ballot integrity.
“Passaic County has a long and sordid history of VBM fraud with multiple indictments¹ for ballot stuffing and falsifying VBM ballots in recent elections,” said Jason Sena, the GOP attorney. “Despite these indictments, the New Jersey Attorney General’s Office has proven incapable of prosecuting these matters; indicted politicians remain in office years after their initial indictment. It is clear that the New Jersey Attorney General’s Office is incapable of enforcing the law and protecting the integrity of elections in Passaic County.”
Sena placed some of the blame on John Currie, the Passaic County Board of Elections Chairman, and also the Passaic County Democratic Chairman.
“Currie and his Democratic colleagues routinely stand in opposition to basic transparency, including the County Board of Elections taking reasonable steps to prevent stolen, falsified VBM ballots from being submitted and counted,” Sena alleged.
He pointed to rebuffing Republicans on a plan to use video cameras and logbooks to “ensure that proper procedures are followed in connection with the receipt, processing, and verification of VBM ballots.”
“The video cameras were to provide 24-hour surveillance of the room where VBM ballots are stored,” Sena said in his letter. “The logbook was to guarantee that everyone gaining access to the storage and counting room was noted and proper procedures were followed including requiring one Democrat and one Republican to be present during signature verification.”