Wisconsin elections officials issue guidance for handling federal agents at polls

MADISON, Wis. (AP) — Elections officials in battleground Wisconsin on Thursday approved guidance for local clerks to help them know what to do if federal law enforcement officials show up at the polls on Election Day, as some activists fear might happen.

A Republican on the bipartisan Wisconsin Elections Commission cast the lone vote against sending the guidance, saying it "is only going to scare away some people from the polls.” A hotly contested race for governor tops the ballot in Wisconsin.

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

Clerks have been deluged with questions from voters about what they would do if agents showed up at the polls, Wisconsin elections administrator Meagan Wolfe said. The guidance is intended to explain how to handle it, she said.

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

The memo tells Wisconsin's roughly 1,800 clerks who administer elections what to do if U.S. Immigration and Customs Enforcement officers, Department of Homeland Security officials, FBI agents or local law enforcement shows up at the polls.

If officers arrive, the guidance says the head of the polling site should inform the municipal clerk, who should then tell the county clerk and the state elections commission. If the agents are there to observe, they must check in like any other observer and be subject to rules governing them, the guidance says.

Democratic commissioner Ann Jacobs said she was concerned about uniformed officers intimidating voters. The commission agreed to her recommendation that the guidance tell clerks to encourage law enforcement agents planning to come to the polls to be in plain clothes and not uniforms.

“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 don’t plan to send immigration enforcement officers en masse to patrol the polls and have dismissed concerns that they plan to do so as “fearmongering.”

Election legal experts say federal law clearly prevents the government from deploying any armed troops, agents or officers to election sites except to “repel armed enemies of the United States" — a high bar to clear.

But organizations who represent Latino, Black and Asian American voters say the rhetoric and ICE’s own activity make them worried at a time the number of immigration arrests is soaring as President Donald Trump carries out his mass deportation agenda.

Wisconsin elections officials have been traveling the state in recent days holding news conferences to discuss the process for casting and counting ballots. They have been saying they don't anticipate anything unusual at the polls this year.

“I expect this election will go like all other elections," Republican Don Millis, chair of the elections commission, said Thursday.