Levitt says banning ICE from the polls entirely would get Wisconsin in trouble
Justin LevittLoyola Law School election-law scholar
Levitt says that if the Wisconsin Elections Commission had banned ICE from the polls entirely, it would have gotten the state in trouble, because a state cannot single out federal officials for special treatment.
“That would actually be getting Wisconsin in trouble because you cannot single out federal officials for special treatment.”
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
Levitt calls the commission's guidance "legit and accurate". Votebeat reports that he said the commission and Dane County agree that armed agents are banned at the polls and that chief inspectors can remove anyone intimidating voters. The quoted sentence addresses what would have happened had the commission banned ICE from the polls entirely.
After the quotation
Votebeat does not say when Levitt spoke to it; the date used here is the article's publication date.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Relative to the prospect of ICE and other armed federal agents at polling places, Levitt agrees, as Votebeat reports, that armed agents are banned at the polls, but says a state cannot ban ICE from the polls entirely because it cannot single out federal officials. He treats armed presence as unlawful and objects only to a categorical ban, so mixed or conditional fits.
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The Dispute Index. "Levitt says banning ICE from the polls entirely would get Wisconsin in trouble". First published: 2026-10-27. Last updated: 2026-10-27. https://disputeindex.com/events/6944-levitt-says-that-if-the-wisconsin-elections-commission