DOJ, Colorado clash over election observers at polls in race that could determine House control

(The Center Square) – The U.S. Department of Justice and Colorado continue to battle over whether election observers can enter polling locations in Adams County.Colorado’s fifth most populous county is part of the state’s 8th Congressional District, where U.S. Rep. Gabe Evans, R-Loveland, is facing off against Democratic candidate Manny Rutinel.
Polling shows the race is close and could help determine which party controls the U.S. House after Tuesday’s election.
The DOJ and Colorado election officials have been going back and forth since Oct. 20 about how the DOJ’s election observers would operate on Election Day, according to letters the Colorado Secretary of State’s Office provided to The Center Square.
DOJ attorney Jake Bachand notified Adams County and the Colorado Secretary of State’s Office that the department wanted to send election observers to see whether the county is complying with federal voting laws, such as the Voting Rights Act and the Americans with Disabilities Act.
Bachand initially said the DOJ would send four employees to monitor 12 to 16 polling locations in Adams County, spending 60 to 90 minutes at each. However, the department later added six additional employees, but did not say whether they would monitor more locations.
DOJ employees planned to observe whether election materials were available in English and Spanish and whether bilingual poll workers could assist people with limited English proficiency, Bachand said.
The federal department also wanted to examine whether voters needing assistance had someone accompany them to the voting booth and whether disabled voters could access polling places, Bachand said.
He told Colorado officials that the monitors would not approach voting machines, inspect election-related equipment or speak with voters inside polling places.
According to Bachand, the DOJ would not provide exact polling-place locations in advance, so it could accurately assess what was happening.
In response, Colorado Deputy Secretary of State Andrew Kline told Bachand that DOJ personnel could enter polling locations to speak with presiding election officials about accessible voting equipment and bilingual poll workers.
Kline also told Bachand that its personnel could observe voting activities, take notes in a designated area, assess bilingual and disability assistance and determine if election material was in Spanish.
However, Kline said Secretary of State Jena Griswold would need to appoint state observers to be with the DOJ workers at all times. He explained DOJ personnel would have to provide their locations and start times and follow state election rules.
The DOJ would need to accept these conditions before Colorado finalized its authorization, Kline said.
Bachand told Kline that the DOJ would not accept these conditions and that its election observers would remain outside at least 100 feet away from the buildings.
Kiersten Pels, a DOJ spokesperson, said the department will be in every state “doing the routine election monitoring the department has done for decades.”
“We will have around 1,000 monitors in counties throughout the United States. Every monitor will merely observe and report any potential violations of federal law to the Department, which will be reviewed after Election Day,” Pels told The Center Square by email.
She noted every election monitor must meet “the same legal and ethical requirements, including that they not interfere with the voting process.”
“Every monitor has the same role: observe for potential violations of federal law and report concerns to the Department, which the Department will review after Election Day and act where appropriate,” she noted.
Josh Zygielbaum, Adams County clerk and recorder, said the DOJ’s presence will not affect the county’s election procedures or “commitment to the voters of Adams County.”
“Our priority is to ensure every eligible voter can confidently cast their ballot, and every valid vote is counted through a secure, transparent, and accessible election process,” he told The Center Square by email.
Beth Hendrix, executive director of the League of Women Voters of Colorado, said she found it “odd” that the DOJ would send election observers to Adams County.
Hendrix said election observers at polling locations are helpful if “that’s truly what they’re there for.”
She told The Center Square that people should take the DOJ’s word that election observers will not interfere with or intrude on the voting process. However, she noted if people see something concerning, they should report it.
The DOJ won’t be the only entity using election observers in Colorado. Other groups will monitor elections to ensure they are handled properly, the League of Women Voters executive director said.

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