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Christine Kwon

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    Election Dissection

    Laws limit military role in quelling election unrest

    Soren Dayton
    Christine Kwon
    October 15, 2020
    Washington, DC, protestors in front of National Guard troops

    Good-government groups protest military force against protesters.

    Tasos Katopodis/Getty Images

    As a momentous election draws closer, government leaders and law enforcement agencies are preparing for a contested election and ensuing civil unrest. The FBI and Department of Justice are getting ready for election-related violence. And National Guard leaders have assembled rapid-response forces in two states to deal with potential disruptions.

    Joint Chiefs of Staff Chairman Gen. Mark Milley has been unequivocal that the military should play "no role" in a U.S. election. "Zero," he said. In fact, it is a federal crime to deploy troops to polling places. But what if there are protests, including when voters have already cast their ballots but the final results remain uncertain?

    To be clear, if there is any election unrest, the federal government should not be the one handling it. Elections are run at the local and state levels, so those law enforcement agencies should respond. Yet there's concern the president and his allies may try to interfere with election outcomes by deploying — or threatening to deploy — military forces and turn American streets into "battle spaces."

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