The Justice Department has pushed back sharply against guidance from Virginia Democratic Attorney General Jay Jones that tells local election officials how to respond when federal agents approach polling places. A DOJ spokesperson described the document as "bluster and political posturing."
The 10-page bulletin, dated Oct. 15, was issued jointly by Jones' office and the Virginia Department of Elections. It covers how officials should handle federal agents, how to scrutinize requests from DOJ election monitors, and how to prepare for possible federal demands for ballots and voting equipment. It also advises officials to document the activities of federal agents.
"The Virginia Attorney General's performative actions attack a strawman," the DOJ spokesperson told Fox News Digital. "DOJ's election monitors will be engaging in the same routine monitoring we've done for decades." The spokesperson added that the department hopes Virginia officials will continue their longstanding practice of admitting monitors to polling places to check compliance with federal law. DOJ has already said it plans to send monitors to Fairfax and Prince William Counties, both heavily Democratic.
According to the bulletin, the state elections agency, known as ELECT, received multiple inquiries about how to respond to federal representatives appearing at polls. The document urges officials to consult lawyers and open lines of communication with local prosecutors and police before Election Day so they can share their view of what counts as intimidation and interference. It says that if an armed individual tries to enter a polling location, officials should call local law enforcement immediately. It also suggests officials consider contacting police and counsel if federal agents approach or enter polls, while warning against physically obstructing them.
On monitors, the plan says ordinary DOJ monitors must get local authorization to enter polling locations, under rules similar to those for neutral observers. When a monitor asks for access, local registrars should discuss the scope of the monitoring with the agency first and "consider asking whether DOJ is assessing compliance with civil or criminal federal laws." The bulletin also tells officials to consult attorneys and be ready to answer federal subpoenas for ballots or voting equipment.
Republican critics were pointed. Del. Wren Williams, R-Stuart, who fought Jones over the failed Democratic redistricting-related litigation, said, "Jay Jones wants poll workers collecting ICE agents' badge numbers, but God forbid they verify a voter's ID." State Sen. Danny Diggs, R-Poquoson and a former York County sheriff, said that in 45 years in law enforcement he never saw an officer or official observer "make a polling place less safe," and called the plan to urge officials to confront federal observers "reckless."
Virginia Beach attorney Tim Anderson noted that the state still requires voters to show identification or sign an identity confirmation statement, but that legislation enacted this year ended Election Day challenges to individual voters' qualifications at polling places. He said the bulletin "identifies no specific planned unlawful federal operation in Virginia."
Days earlier, Jones launched a Voter Protection Section within his office. "This work now has a permanent home, and a team focused every day on defending voting rights and enforcing Virginia law," he said in a statement. "In Virginia, the right to vote will be defended." Fox News Digital said it asked Jones and ELECT for comment on the criticism.
Meanwhile, the conservative litigation firm America First Legal told Fox News Digital on Tuesday that it filed a public-records request Monday. It seeks the legal analyses and communications behind the bulletin, records on the new Voter Protection Section, and inquiries about federal election monitoring. The dispute now centers on what evidence, if any, led Jones' office to prepare for possible federal interference at Virginia polls.
