El Paso County has not been told whether it is among the jurisdictions the U.S. Department of Justice plans to monitor on Election Day, but local officials say they are ready regardless — with the county attorney prepared to go to court if federal monitors overstep their authority at the polls Tuesday.
The Justice Department is planning to send more than 1,000 monitors to jurisdictions across the country as part of an expanded program that, for the first time, includes attorneys and staff from outside the agency's civil rights division, according to El Paso Matters. El Paso County has not received notification that it is among the counties being monitored, but officials have not ruled out the possibility, the outlet reported. The Justice Department did not respond to El Paso Matters' request for comment.
County Attorney Christina Sanchez said her office is not anticipating problems but will respond quickly to any interference in order to protect votes. Her office, she said, is ready to file lawsuits or pursue other legal remedies should they be needed. Sanchez also said national-level narratives around the election raise potential red flags worth watching.
What Monitors Can and Cannot Do
The Department of Justice regularly monitors federal elections for compliance with voting laws, a practice that dates back decades. Per the article's reporting, DOJ monitors are limited to observing, documenting and reporting compliance problems without intervening directly to address issues at the polls. They cannot enter polling places without the consent of state or local election officials, cannot prevent voters from entering polling sites, and cannot order, direct or assert authority over poll workers or election officials.
Monitors are also barred from stopping, questioning or interrogating voters about citizenship, registration, criminal records or eligibility, and they cannot challenge a voter's eligibility or registration at a polling place. They may not demand access to voting machines, ballots, tabulators or other election equipment, nor inspect voted ballots or attempt to influence how votes are counted. The rules, drawn from the Campaign Legal Center's October 2026 factsheet on Texas, also prohibit monitors from identifying themselves as federal prosecutors or agents or engaging in political activity while on duty.
What monitors can do is fairly specific: they may observe polling places and election facilities for compliance with federal voting and civil rights laws, watch for potential intimidation of election workers by outside groups, and observe ballot processing and counting facilities as long as they don't interfere with operations. They may speak with willing voters outside polling places and, with consent from state or local officials, enter polling places or election facilities. Without that consent, they can still observe from outside. Any potential violations they document get reported up through the DOJ's chain of command.
A Pattern of Friction Elsewhere
Texas has clashed with DOJ monitors before. In 2024, the state blocked the Biden-era Justice Department from election monitoring, with then-Attorney General Ken Paxton going to court to keep monitors from entering polling and counting locations, the article notes, citing reporting from NPR. That same year, the Justice Department had announced plans to send federal monitors to 86 jurisdictions in 27 states, including counties home to Houston, Dallas and San Antonio, according to Axios, which also noted the agency sent monitors to Harris County in 2022 as part of a monitoring practice stretching back to the Voting Rights Act of 1965.
This cycle, the DOJ has sent monitor notifications to seven Texas counties, according to NPR, which also reported the agency monitored 64 jurisdictions across 24 states during the 2022 midterms. NPR reported that Minnesota officials denied monitors close access to polling locations during that state's August 2026 primary, while the Campaign Legal Center's factsheet notes the DOJ deployed monitors during this year's primaries to Arizona, Massachusetts, Michigan, Minnesota, New Hampshire and Virginia, with most deployments passing without incident. In neighboring New Mexico, Bernalillo County officials expect about 10 DOJ monitors at polling sites Tuesday after being notified roughly three weeks ahead of time without an explanation of why the county was chosen, Source NM reported. Bernalillo County Clerk Michelle Kavanaugh said local officials had accommodated DOJ monitors in prior elections without incident, and the outlet noted the DOJ sent 289 monitors to 24 states, including Bernalillo and San Juan counties, during the 2022 midterms.
El Paso's Own Preparations
Beyond federal monitors, congressional and state-affiliated monitors may also observe the election process in El Paso, and civil rights advocates plan to send thousands of observers to midterm polling places nationwide, including locally, per El Paso Matters' reporting. El Paso County Elections Administrator Lisa Wise said election workers are preparing for the possibility of interference from monitors, candidates, protesters or voters themselves. Workers have been trained on how to respond, including recognizing subpoenas and warrants and knowing what steps to take when presented with documents — real or fake.
Wise said the public should report questionable activity, and voters with questions about suspicious behavior should contact her office. The elections office will run a phone bank to help voters and address issues on Election Day, and Wise said plans are in place to respond to any disruption while keeping voters and election workers safe. Sanchez, for her part, said the county's elections department is well prepared to handle whatever arises.
On the equipment side, the El Paso County Elections Department conducted state-mandated tests of its automated tabulating equipment on Sept. 16. Texas law requires counties with more than 100,000 residents, including El Paso, to maintain video surveillance of areas where ballots are stored, covering the period from delivery to election officials through the canvass of results.
Record Turnout Heading Into Tuesday
More than 540,000 people are registered to vote in El Paso County this year, an all-time high. More than 164,000 residents had already cast early ballots as of Oct. 30 — about 25% of registered voters, setting a record for early turnout in a midterm election, according to El Paso Matters' reporting.
Polls will be open from 7 a.m. to 7 p.m. Tuesday, and voters may cast ballots at any polling place in the county. Those with questions or concerns on Election Day can call the elections office at 915-273-3597. El Paso Matters plans to provide an election livestream and live results coverage Tuesday night.
