Wisconsin Elections Officials Release Guidance on Handling Federal Agents at Polling Places

MADISON, Wis. – Wisconsin election officials approved new instructions Thursday to help local clerks respond if federal law enforcement officers appear at polling places on Election Day, a scenario that has raised concerns among some voting-rights advocates in the battleground state.

The guidance passed on a divided vote by the bipartisan Wisconsin Elections Commission, with Republican Commissioner Bob Spindell the sole dissenter. He argued that the memo could discourage some voters from going to the polls. The state’s ballot is led by a closely watched race for governor.

“I personally think this guidance is unnecessary because we have not seemed to need it the past 201 years,” Spindell said.

Wisconsin elections administrator Meagan Wolfe said local clerks have received a flood of questions from voters about how they should respond if federal agents arrive at polling locations. She said the new instructions are designed to provide a clear process rather than suggest officials expect such an incident.

“I see this as just like any other contingency planning we do to assist our clerks,” Wolfe said.

The memo applies to Wisconsin’s approximately 1,800 election clerks and outlines steps to follow if officers from U.S. Immigration and Customs Enforcement, the Department of Homeland Security, the FBI or local law enforcement come to a polling site.

Under the plan, the polling place supervisor would notify the municipal clerk, who would then contact the county clerk and the state elections commission. Officials who come only to observe would have to sign in and follow the same rules as other authorized observers, according to the guidance.

Democratic Commissioner Ann Jacobs said the presence of uniformed officers could intimidate voters. At her urging, the commission added language encouraging law enforcement agencies planning to visit polling places to send officers in civilian clothing rather than uniforms.

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“I don’t think we want full flak jacket, whatever, law enforcement three feet from our voters,” Jacobs said. “I think that is much different from an ordinary, quiet observation by somebody in plain clothes.”

Department of Homeland Security officials have said they do not intend to deploy immigration officers across polling places. They have characterized warnings that such a large-scale operation could occur as “fearmongering.”

Election law specialists say federal law generally bars the government from placing armed troops, agents or officers at election sites, except in circumstances involving the need to “repel armed enemies of the United States” — a narrowly defined and difficult standard to meet.

Still, groups representing Latino, Black and Asian American voters say the political rhetoric surrounding immigration enforcement, along with ICE’s recent actions, has fueled anxiety. Their concerns come as immigration arrests increase under President Donald Trump’s mass deportation campaign.

In recent days, Wisconsin election officials have traveled around the state holding news conferences about how ballots will be cast and counted. They have repeatedly said they are not expecting unusual events at polling locations during this year’s election.

“I expect this election will go like all other elections,” said Republican Don Millis, chair of the Wisconsin Elections Commission.