Elizabeth May marks her ballot while voting at Second Presbyterian Church in the Pleasant Valley section of Little Rock on Tuesday, March 3, 2026. (Photo by John Sykes/Arkansas Advocate)
WASHINGTON – The Democratic National Committee filed a lawsuit in federal court on Tuesday seeking to force the Trump administration to admit whether it plans to send armed federal law enforcement or U.S. troops to polls in the upcoming midterm elections.
The suit in the U.S. District Court for the District of Columbia alleges that requests filed in October by the DNC to the Department of Justice, the Department of Homeland Security, and the Department of Defense under Section 11 of the Freedom of Information Act (FOIA) went unanswered, in violation of public records law.
“To ensure that the American people are made aware in a timely manner of potential threats to free and fair elections and to enable the DNC to take appropriate actions to ensure that voting rights are protected, the DNC now seeks the Court’s assistance in enforcing its FOIA requirements,” the lawsuit says.
The case was assigned to federal judge Beryl A. Howell, appointed by former President Barack Obama.
Voting machines
The lawsuit details how FOIA requests were filed following President Donald Trump’s comments to the New York Times in which he expressed regret for not using the U.S. military to seize voting machines after losing the 2020 presidential election.
“These and many other actions have raised serious concerns among voters across the country that the President would order armed federal agents or soldiers to polling places, drop boxes, and election offices… and would dispatch FBI agents or Department of Justice officials to disrupt the orderly conduct and certification of the election,” the complaint reads.
The lawsuit also cited comments by White House press secretary Karoline Leavitt that she “cannot guarantee” that federal law enforcement officers will not be at the polls in November.
“Donald Trump wants to intimidate and cheat in the midterm elections knowing that Republicans will lose, but we won’t let him,” DNC Chairman Ken Martin said in a statement. “The DNC will stand with voters and use every tool in our arsenal to end voter suppression and intimidation before it even begins.”
Are there records?
It is also possible that no records exist.
Congressional Democrats pressed Trump officials during hearings about plans to send agents from U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection to polling places.
Both heads of these agenciesActing ICE Director Todd Lyons and CBP Commissioner Rodney Scott have said they have no plans to send any of their agents or officers to polling places.
Homeland Security Secretary Kristi Noem, who is leaving her post at the end of the month and will be replaced by Oklahoma GOP Sen. Markwayne Mullin, has also been pressured by Democrats.
She said she had no plans for ICE agents, but she also asked Democrats whether they planned to allow foreigners to vote in federal elections, which is already illegal and rarely happens.
However, during the hearing, Noem did not commit to issuing a directive banning immigration agents from polling places.
