Explainer: Laws on Military Interference in Elections

Several current federal laws prevent the military from interfering with Americans’ right to vote. Troops have disrupted polling sites in elections in the United States before: During the Civil War, a general ordered troops to interfere with voters and election officers at the polls in Maryland. Believing that “evil-disposed persons … engaged in rebellion” may either “embarrass the approaching election” or “foist enemies of the United States into power”, military officers were ordered to “arrest all such persons found at or hanging about, or approaching any … place of election”.

When troops suspected that a voter was disloyal to the federal government, they could require him to recite an “oath of allegiance” to the United States before voting. This discretion, aimed primarily at identifying Confederates or Confederate supporters, resulted in reports that the troops were preventing voters from voting for a candidate whose platform was not fully aligned with that of the government. Some accounts claimed that the military had arrested people attempting to vote and prevented ballots from being cast. One even claimed that troops had arrested an election judge for saying that he was sworn to conduct the election under the laws of Maryland, not according to the military’s order.

The governor of Maryland sought to prevent the military from interfering with elections, stating that the military order “placed the polls under the surveillance and at the command of the military authority” and that election officers were “openly menaced with arrest unless they recognized the military authority”. 

Similar events were reported in other Union states in the 1863 and 1865 elections. These specific instances are what drove Congress to create many of the current laws against military interference during elections. The laws are in place so that military interference with the right to vote can never happen again.

Troops at Polls and Interference by Armed Forces

Two laws, “Troops at polls” (18 USC Section 592) and “Interference by armed forces” (18 USC Section 593) are criminal laws that protect civilians’ right to vote without military interference.

The “Troops at polls” statute bans the military from being present at a polling location during an election. Officers of the Army or Navy, and “other person[s] in the civil, military, or naval service of the United States”, are forbidden to order, bring, or keep troops or armed men at a polling site. The term “armed men” includes FBI agents and deputy US marshals, and anyone else who is armed as part of their federal roles. The only exception in the law is that the military troops can be present at an election site if “such force be necessary to repel armed enemies of the United States”.

The statute on “interference by armed forces” makes it a crime for the military to interfere with a citizen’s right to vote in an election. In any state and in any election, the military cannot:

• set the qualification requirements for voters (who is allowed to vote);
• interfere with the right to vote or an election officer’s duties;
• force an election officer to accept an invalid vote;
• or create regulations on how to conduct an election.

There is no exception.

For both laws, violations incur a fine, five years in prison, or both. The person who broke the law is also banned from holding public office.

Interference With Freedom of Elections

Another law specific to military interference in elections is “Interference with freedom of elections” (52 USC Section 10102), part of the Voting Rights Act. This bans any member of the military from interfering in any way with an election or a person’s right to vote in any state. The military cannot stop a citizen from exercising their right to vote and they cannot decide who is qualified to vote in an election. This is a civil law.

Election Interference Laws for Government Officials

Additional election laws that protect against any government official’s interference in an election are also applicable to the military. For example, “Deprivation of rights under color of law” (18 USC Section 242) prevents government officials acting in their official capacity from obstructing individuals’ rights under the Constitution or US laws, including the right to vote. Any such action is a crime that could result in a fine, one year in prison, or both.

“Civil action for deprivation of rights” (42 USC Section 1983) allows someone whose constitutional rights have been tampered with by a local, county, or state government official to sue in a civil court of law. While this would not apply to federal military, it could apply to National Guard acting under the authority of their governor since they are state actors.

Overall, Congress has worked to create significant protections for the constitutional right to a free and fair election. These protections apply to the military and government officials, but there are also general laws for anyone who tries to create an obstacle between a citizen and the exercise of their right to vote. These laws are necessary to ensure that the military never again interferes with the right to vote.