Gault argues ICE should not observe at polling places
David GaultDane County attorney
In an email to the Wisconsin Elections Commission administrator, Gault says there is no legitimate reason for ICE to be at a polling place and that the commission's guidance should not imply an ICE agent can be a legitimate observer. Votebeat reports that he argued a federal voter-intimidation law would bar even an unarmed but uniformed ICE agent from observing.
“There is no legitimate reason for ICE to be at a polling place,” he told Wolfe. “Everyone there is presumptively a US citizen. I don’t think WEC’s guidance should imply that an ICE agent can be a legitimate observer.”
Reporting
Where this statement fits
Should ICE and other armed federal agents be allowed at or near polling places in the 2026 election?
Since February 2026, federal officials have given differing answers about whether ICE and other armed federal agents could be at or near polling places during the November 3 election. On September 1, Homeland Security Secretary Markwayne Mullin said ICE would be at a polling place only if there is a threat to it or agents are serving a warrant, and DHS told Politico that ICE is not planning operations targeting polling locations but that arrests could result if an active public safety threat endangered one. On September 10, 18 and 23, 2026, LULAC and other groups, a coalition including the NAACP, and Democratic leaders and party committees sued separately in federal court in Washington. They allege that the administration's statements and actions violate 18 U.S.C. 592, Section 11(b) of the Voting Rights Act, or both. As of September 25, the court dockets show no motion for a preliminary injunction and no answer or motion to dismiss from the federal defendants, and no court has ruled.
Source and context
Reporting
About this source
Original interviews distinguish armed federal personnel from unarmed observers. The report describes guidance finalized October 15; later syndicated versions are not separate reporting.
Archived copy (opens in a new tab)Before the quotation
In an October 15 email, he objects to guidance that he believes could be read to allow armed federal observers.
After the quotation
Commission attorney supervisor Angela O'Brien Sharpe disagreed, saying federal law enforcement may observe subject to Wisconsin's observer rules. Gault then called the guidance "confusing at best" and wrote that armed federal agents should not be at a polling place under any circumstances.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Gault expressly opposes ICE attendance as an election observer.
- Recorded on
- Published here
More from this case
Read the full caseGeraghty says fears of federal agents intimidating voters have so far proved unfounded
“There’s a lot of fear that the 2026 midterm elections will be disrupted by some authority, either federal or local, harassing and intimidating voters, seizing ballots, or closing polling places. That fear, so far, appears unfounded.”Read statement
Letitia James says armed federal agents are not allowed at New York polls
“I want New York voters to know the law is on their side. Armed federal agents are not allowed at polling places, and no one can use a badge, a weapon, or a threat to stop you from voting.”Read statement
Trueblood says uniformed federal observers can intimidate voters
“You standing there in your FBI vest is intimidating to voters, and so we’re not going to allow that,”Read statement
Share or embed this statement
The embed keeps its attribution link to The Dispute Index. Credit the image to The Dispute Index and link to the statement page.
Cite this record
- Publisher
- The Dispute Index
- Title
- Gault argues ICE should not observe at polling places
- First published
- Last updated
- Permalink
- https://disputeindex.com/events/6942-in-an-email-to-the-wisconsin-elections-commission
Last updated marks the most recent saved version of this published statement.
The Dispute Index. "Gault argues ICE should not observe at polling places". First published: 2026-10-27. Last updated: 2026-10-27. https://disputeindex.com/events/6942-in-an-email-to-the-wisconsin-elections-commission