Minnesota Secretary of State Steve Simon: Federal election monitors 'can't be disruptive' by law

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The Trump Administration wants to send federal election monitors to polls in two Minnesota counties on Election Day.
A spokesperson for the Minnesota Secretary of State's office told MPR News the U.S. Department of Justice has notified Hennepin and Ramsey counties of its plans to observe voting locations in November. The agency gave similar notice to elections staff in at least four other states, according to NPR.
MPR News host Kelly Gordon talked with Democratic Secretary of State Steve Simon about what this means for Minnesota voters.
This conversation has been edited for length and clarity. Use the audio player above to listen to the full interview.
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How unusual is it for the DOJ to send federal election monitors to the polls?
It's not so unusual. This has been done through multiple presidential administrations, including the Biden administration, and we had DOJ monitors here for our August primary election. They're here for a specific reason. The stated reason is to enforce certain provisions of the Voting Rights Act. They can decide where to deploy [federal election monitors].
What happened when federal observers were here for the August primary?
We instituted a plan with the attorney general's office by which there were monitors to watch the monitors. We worked with the Justice Department. I want to give them credit; we were there when they were there to make sure they were following the rules. And to be fair, they did in the August primary.
They had sent a handful of two-person teams to something like 40 polling places overall. The law gives the counties, in this case Ramsey and Hennepin, the right to veto their presence in the polling place itself, which they did. Which meant [the federal monitors], like anyone else in the public, had to stand outside a 100-foot perimeter [around] the entrance of a polling place. I don't know whether they've made that decision yet for this election. That could very well be what happens this time as well.
What other rules are election monitors expected to follow?
They can't be disruptive. They can talk to voters on the way out, generally, but not on the way in. They didn't necessarily always talk to voters or approach voters. They seem to be just watching, but it's the normal sort of peace and order sort of rules. There are different rules, had they been allowed within the polling place, but I don't expect that to happen this time.
They are entitled to be outside of the 100-foot [perimeter]. So there's nothing bad or wrong about them being there. They can approach a voter and talk to a voter, but a voter doesn't need to talk to them. A voter can say, "No, thanks, I'm on my way.”
Do you know what parts of the Voting Rights Act that the DOJ is focused on?
Traditionally, they've been focused on the part of the Voting Rights Act that pertains to services for voters whose native language is not English. So it’s no surprise that Ramsey and Hennepin County tend to be a focus of that. They're large counties, yes, but they're also counties with higher proportional set of immigrants, naturalized American citizens who came from elsewhere. That’s a provision of the Voting Rights Act that should be enforced.
The stated reason for sending these folks, whether it was the Trump administration, the Biden administration, or others, is a good reason. I'm glad there are people who are seeing that those provisions are enforced. We just want to make sure that the stated reason is the real reason. That's why we're monitoring the monitors.
Is this a step toward ICE being at the polls?
I don't think so. I don't connect those dots. I will tell you that the No. 1 question I've gotten as I travel around the state, not just in the Twin Cities, everywhere in Minnesota over the last 10 months, is some version of "What do we do if there's ICE at the polling place or border patrol or something else?”
What advice do you have for voters?
No. 1, we have really good laws on the books that would all but ensure that would not happen inside the 100-foot zone. And No. 2, I want to remind people you don't have to go to a polling place if you're an eligible voter. You can vote right now. We're in the early-voting zone. You can vote at a place in your community that's not on election day, that's not your normal polling place.
You can still vote by mail. Our advice is — it’s getting a little late — to order the ballot by mail but hand-deliver the ballot afterwards. You can cut down on postal delivery times by not popping it in the mail. You can hand-deliver it by election day.
Use the audio player above to listen to the full conversation.
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