Legal Rules on Police Presence at Polling Places


In the U.S., federal law and most state laws prohibit armed federal forces and, in many states, armed local police from standing at polling places, except in narrow, legally defined situations.

Federal Law

Several federal statutes explicitly bar armed federal forces and law enforcement from polling places:

  • 18 U.S.C. § 592 – Prohibits deploying federal troops or armed federal law enforcement agents to any polling place, except to repel armed enemies of the United States electiontaskforce.orgelectiontaskforce.org+1.
  • 18 U.S.C. § 594 – Makes it a federal crime to intimidate voters electiontaskforce.orgelectiontaskforce.org.
  • 42 U.S.C. § 1985 – Prohibits conspiracies to intimidate or injure voters in federal elections electiontaskforce.orgelectiontaskforce.org.
  • Voting Rights Act, § 11(b) – Bars intimidation of voters by public or private entities electiontaskforce.orgelectiontaskforce.org.
  • Posse Comitatus Act (1878) – Restricts the use of the U.S. Army and Air Force for domestic law enforcement, including election policing, unless Congress authorizes it electiondesk.orgelectiondesk.org.

These laws mean that federal military or armed federal law enforcement cannot be stationed at polling places except in extremely narrow, historically rare circumstances Brennan Center for JusticeBrennan Center for Justice+1.

State Law

While each state’s statutes differ, all states have restrictions on behavior at or near polling places to ensure voters can cast ballots without intimidation Katie Couric MediaKatie Couric Media+1. Many states:

  • Directly prohibit armed personnel (including police) from entering polling places except for specific purposes such as:
    • Casting their own ballot
    • Responding to an immediate emergency at the request of election officials electiondesk.orgelectiondesk.org
  • Ban firearms at or near polling locations for anyone, including law enforcement Katie Couric MediaKatie Couric Media+1.

If you believe local police are violating these rules, you can document the incident and contact the Washington State Department of Elections or the U.S. Department of Justice’s Civil Rights Division.