Election unrest raises questions on military role

It’s a question Americans are unaccustomed to considering in a presidential election campaign: Could voting, votecounting or the post-vote reaction become so chaotic that the U.S. military would intervene?

The answer is yes, but only in an extreme case. There is normally no need for the military to play any role in an election. The Constitution keeps the military in a narrow lane — defending the United States from external enemies. Civil order is left largely to civilian police. But there is an obscure law, the Insurrection Act, that theoretically could thrust the activeduty military into a police-like role. And governors have the ability to use the National Guard in state emergencies if needed.

The potential use of troops, either active duty or National Guard, at the polls or in post- election unrest has been discussed by governors and military leaders. The possibilities arise as President Donald Trump asserts without evidence that mail-in balloting will create election fraud and suggests that he might not accept an election loss. Stationing troops at polling places on Election Day — even if just to protect citizens as they vote — raises worries about voter intimidation.

Civilian control of the military is a bedrock principle of American democracy. It means that men and women in uniform answer to civilian leaders like the secretary of defense, and they stay apart from politics. They pledge their loyalty to the Constitution and the nation’s laws, not to a political party or a president.

Gen. Mark Milley, who as chairman of the Joint Chiefs of Staff is the nation’s top military officer, has told Congress the military is committed to staying apolitical and steering clear of any election role.

“In the event of a dispute over some aspect of the elections, by law U. S. courts and the U. S. Congress are required to resolve any disputes, not the U. S. military,” he said in written answers to questions from two Democratic members of the House Armed Service Committee. “I foresee no role for the U. S. armed forces in this process.”

Milley said service members must not get involved in the transfer of power after an election. In other words, don’t expect to see troops intervening if there is a dispute over who won.

The military is made up of active duty, National Guard and Reserves. In all but extreme cases, activeduty troops are used for war to protect the nation, not against American citizens on domestic soil. National Guard units are in every state and are controlled by the governor, not the federal government.

Governors routinely mobilize their Guard members for emergencies, such as natural disasters, and they can use them to help enforce the law during events such as riots. But usually law enforcement takes the lead, and Guard forces support it. During civil unrest this year, governors used Guard troops to tamp down violence and provide security. They could do so again.