Senator Mark Kelly (D-AZ) spearheaded a recent letter to the Department of War and National Guard Bureau demanding transparency about the proposed National Guard "Quick Reaction Force" (QRF).
The Context
Last year, President Donald Trump issued an executive order requiring all states and territories to train National Guard members to respond to civil disturbances as quickly as possible, including using batons, body shields, stun guns, and pepper spray.
With Trump allegedly considering posting federal agents at polling places ahead of the upcoming midterm elections, the Quick Reaction Force is now under Sen. Kelly's scrutiny.
In June, he and Senator Ruben Gallego (D-AZ) introduced the Protect Our Polls Act, which reinforces the prohibition that federal agents cannot be deployed at polling places unless sufficient reason is provided, but also requires the President to seek Congressional approval with intel, legal justification, and evidence that state or local government cannot handle a threat on their own, at least 48 hours before deploying forces.
The Letter
"This administration must make clear that our troops will not be used to interfere with Americans' lives or to meet some political end," Sen. Kelly wrote, adding, "The use of military personnel in connection with elections raises additional legal concerns, including the risk of violating federal restrictions on troops at polling places, interference with election officials, and voter intimidation."
As a result, the Arizona Senator demanded answers on the QRF's mission, command structure, and legal authorities, along with how many are designated, where they are located, and who commands them.
Other questions concern the circumstances necessary for mobilization (including whether election-related civil disturbances are considered), how governors can request them, funding, whether there are any plans to detail Guard troops to support DHS or DOJ law enforcement duties in the next 100 days, and whether Congress would receive notice before or after deployment.
"The future of our democracy and the prosperity of the Americans we all serve depends on maintaining our military's nonpartisan tradition," Kelly concluded. "Given the risk for serious violations of law and Americans' constitutional and civil rights, this letter seeks a clear explanation and documentation of the legal, operational, and command framework governing these two newly established National Guard response capabilities."
