National Guard chief assures Congress troops would follow law on polls
LEXINGTON, Ky. — The top general of the U.S. National Guard assured Congress on Friday that the military branch would adhere to constitutional and federal law if President Donald Trump were to order troops deployed to polling places during the 2026 midterm elections, according to reporting from the Kentucky Lantern.
Gen. Steven Nordhaus, chief of the National Guard Bureau and a member of the Joint Chiefs of Staff, made the statement during a House Appropriations subcommittee hearing when asked by Rep. Joe Morelle, a New York Democrat, what assurances he could provide to Americans concerned about potential troop deployments at voting locations. "The National Guard, obviously, always follows the Constitution, law, policy and guidance, both at the federal and the state level," Nordhaus said.
Federal law expressly prohibits the deployment of military forces to polling places unless necessary "to repel armed enemies of the United States," with violations punishable by up to five years in prison and disqualification from federal office. The Posse Comitatus Act of 1878 similarly restricts the use of federal military personnel for domestic law enforcement, reflecting restrictions enacted after Reconstruction-era concerns about military intimidation of voters.
Democratic lawmakers voiced unease at the hearing over the continued deployment of nearly 2,500 National Guard members in Washington, D.C., a presence that has drawn concern from civil liberties advocates. Trump has previously stated he should have ordered the National Guard to seize ballot boxes during the 2020 election, which he falsely claims was stolen. Meanwhile, former Trump adviser Steve Bannon has publicly urged the president to deploy military and Immigration and Customs Enforcement agents to patrol polling places.
Trump deployed National Guard units to several Democratic-led cities last year, in some cases federalizing them against governors' wishes. He also sent active-duty Marines to Los Angeles, with critics arguing the deployments represented a test run for voter intimidation. After the Supreme Court upheld a lower court decision barring a deployment in Chicago, Trump withdrew troops from most cities while maintaining the presence in Washington, D.C.
Rep. Betty McCollum, a Minnesota Democrat, questioned the sustainability of the D.C. deployment and cited reporting that the Pentagon intends to keep troops there through the end of Trump's term in January 2029, arguing the assignment does not prepare forces for potential conflicts abroad.