Elizabeth May marks her ballot as she votes at Second Presbyterian Church in the Pleasant Valley neighborhood 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 polling stations in the upcoming midterm elections.
The Men’s suit in the U.S. District Court for the District of Columbia alleges that 11 Freedom of Information Act (FOIA) requests made by the DNC in October to the Justice Department, the Department of Homeland Security and the Department of Defense went unanswered, in violation of the public records law.
“To ensure that the American people receive timely notice of potential threats to free and fair elections and to enable the DNC to take appropriate actions to protect voting rights, the DNC now seeks this court’s assistance in enforcing the FOIA requests,” the lawsuit states.
The lawsuit was assigned to federal judge Beryl A. Howell, appointed by former President Barack Obama.
Voting machines
The lawsuit details how the FOIA requests were filed after President Donald Trump told The New York Times that he regretted not using the U.S. military to seize voting machines after he lost the 2020 presidential election.
“These and many other actions have raised serious concerns among voters across the country that the President will send armed federal agents or troops to polling places, drop boxes, and election offices… and will deploy FBI agents or Department of Justice officials to disrupt the orderly administration and certification of elections,” the complaint says.
The lawsuit also cites comments from White House Press Secretary Karoline Leavitt that she “cannot guarantee” that federal law enforcement officials would not be at polling places this November.
“Donald Trump wants to bully and cheat his way through a midterm election that he knows 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 stop voter suppression and intimidation before it can even begin.”
Are there records?
It is also possible that there are no records.
Democrats in Congress pressed Trump officials during the hearings on plans to send agents from U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection to polling sites.
Both heads of these agenciesICE Executive Director Todd Lyons and CBP Commissioner Rodney Scott said there are no plans to send any of their agents or officers to polling locations.
Homeland Security Secretary Kristi Noem, who is leaving office at the end of the month and being replaced by Republican Sen. Markwayne Mullin of Oklahoma, has also faced pressure from Democrats.
She said there were no plans for ICE agents, but also asked Democrats whether they plan to let non-citizens vote in federal elections, which is already illegal and uncommon.
But during the hearing, Noem would not commit to issuing an order banning immigration officials from entering polling places.
