Trump's (R) White House is considering Ending Funding for a Longtime Civil Rights Election Program aimed at Protecting the Rights of Minority Populations to Vote.
The Federal Observer Program, Authorized under the Voting Rights Act and Launched in 1966, is an Office of Personnel Management Operation that Partners with the Justice Department (DOJ) to Send Neutral, Third-Party Observers Monitor Election Sites to Ensure Voters don't Experience Discrimination at the Ppolls, whether it's due to Race, Llanguage Barriers, or Disabilities.
The Observers, who are both Recruited and Trained by the Office of Personnel Management, are expected to Watch, Listen, and take Notes without Interfering in the Voting Process. Those Observers then turn over their Findings to the DOJ's Civil Rights Division. The White House is Exploring whether to Cut Spending for the Program, in a Discussion that comes as the Country Gears-Up for Crucial Midterm Elections in 2026, that will determine which Party Controls Congress.
As Republicans worry about the Prospect of Losing Control of the House, Senate, or Both, Trump is being Lobbied by Far-Right Activists Who are Encouraging Him to Declare a National Emergency, in Order to Assert Federal Control over Voting in America. At the same time, the DOJ's Civil Rights Division is Suing more than 24 States, in a Bid to Collect Sensitive Voter Roll Data that DHS wants to use for Criminal and Immigration Enforcement Effort.
The Federal Observer Program is Relatively Inexpensive, Congress allocates Several Million for it each year. An Office of Personnel Management (OPM) Official Confirmed the Program is being Evaluated, noting that it has only been used at a Handful of Locations since 2013, that are under a court Order to do so. The Cost to send Observers to those Locations has Risen from about $2.2 million to $2.5 million, the Official said.
The Voting Rights Act (VRA) was enacted in 1965 to Prevent States with a Long History of Discriminatory Election Practices from Disenfranchising primarily Black Voters. Originally the DOJ used a Formula to determine which States and Municipalities had a History of Discriminatory Practices. Those who Met the Criteria were then Required by the Law. to obtain Preclearance from the Justice Department before making Changes to any of its Voting Laws.
At one time, the DOJ sent OPM-trained Federal Observers to over 100 Counties across the Nation on Election Day. During the 2012 Elections, more than 1,000 Federal Observers were sent to Polling Sites across America. A large portion of the Law was Gutted by a 2013 Supreme Court Decision, Shelby County v. Holder, which found that the Formula used by the DOJ to Ascertain which States or Counties had a History of Discrimination was Outdated and Unconstitutional. That Decision in Turn has Substantially Hindered the Justice Department's Ability to Enforce its Provisions.
Without the Ability to Review Potentially Discriminatory New Voting Laws from going into Effect, the DOJ or Private Parties such as Legal Advocacy Groups must now Rrely on trying to Litigate them after they've been Passed. Now, Federal Observers may Only be Sent into Jurisdictions in which there is a Court Order.
There are Only a few Court Orders in Effect that Call for the use of Federal Observers: Two Areas in Rural Alaska, Pawtucket Rhode Island, and Union County, New Jersey. In 2016, more than 300 Federal Observers were Dispatched to Polling Places, while Approximately 250 were Used during Elections that took place in 2024.
Since that Court Decision, the DOJ has Heavily Relied on its Own Election-Monitoring Program, in which it sends Lawyers from the Civil Rights Division to Polling Places that are Not Eligible for the Assignment of Federal Observers. A DOJ Spokesperson said the Department has No Plans to End its Own Monitoring Program in the Civil Rights Division. "The Department of Justice is committed to ensuring our elections remain free, fair, and transparent, and has no plans to end its monitorship program which is integral to assessing compliance with federal voting rights laws across the country," the Spokesperson said.
If the White House Eliminates Funding for the Federal Observer Program, it will Strike another Blow to the Department's Ability to Protect Americans' Rights Under the VRA. Despite the Existence of the DOJ's own Election Monitoring Program, the Federal Observer Program has Historically been a Favored Approach for a Few Reasons. First, Federal Observers are Regarded as Neutral and do Not Work for the DOJ Section that also Litigates Against Counties and States over Voting Rights Issues. And by Law, Federal Observers are Allowed to be Located inside Polling Places.
In recent years, Republican-Controlled States, like Florida and Texas, have Refused to Permit DOJ Election Monitors to enter Polling Sites. Even when the Justice Department's Civil Rights Division was Fully Staffed, it often Lacked the Manpower to Cover All of its Election Monitoring, Forcing theDdepartment to Seek Volunteers elsewhere in the Department. At this point, the Civil Rights Division now has Lost more than 75% of its Staffing Levels.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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