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Election Laws
Law Matters 1030 · 23 октября 2026 г. · 27 мин
Former U.S. Attorney for Arizona Gary Restaino explains election-law questions behind headlines, including noncitizen voting prosecutions, federal authority over elections, and law-enforcement presence near polling places. He also offers practical guidance on responding to voting-machine errors and making a calm, informed voting plan. Restaino says noncitizens can mistakenly appear on voter rolls through motor-voter registration processes, and prosecutors must prove knowing conduct; reliance on official errors may provide a defense. He discusses the Maricopa County review of 60 referred voters: eight were identified as noncitizens, while 52 were citizens who were wrongly accused, prompting a lawsuit seeking their restoration to the rolls. He questions the timing of federal election-related charges announced close to an election, noting the longstanding DOJ practice of avoiding actions that could influence elections or undermine confidence. Restaino says states generally administer elections under the Elections Clause, while Congress may intervene; he argues Alaska's ballot dispute should primarily be handled by Alaska courts. He explains the federal prohibition, dating to 1865, on armed federal agents at polling places and describes local officials asking ICE agents to leave polling locations. He describes legal support and coordination for election officials, including the Government Council and Election Officials Network, convenings, and tabletop exercises. He cautions that mass mobilization near polling places can obstruct voters, and recommends reporting concerns through appropriate channels rather than confronting a situation. For voting-machine concerns, he advises checking selections before finalizing an electronic ballot; in Arizona, paper ballots provide a physical record. His practical voting-plan advice: review the ballot beforehand, allow extra time, know where and how you will vote, and stay calm if problems arise.