State AG Ken Paxton is suing the Justice Department over “unlawful” observers on the eve of Election Day

Texas Attorney General Ken Paxton has sued the U.S. Department of Justice over its plans to send election observers to eight Texas counties, including Dallas, on Tuesday as voters cast their ballots.

The lawsuit, filed in federal court and announced by Paxton on Monday evening, alleges that the poll watchers are “unlawful” because state laws govern election administration and do not give federal officials the authority to be present at a polling place or central counting location be.

Paxton's lawsuit sought a preliminary injunction to prohibit observers from entering voting or counting sites, as well as a permanent injunction to monitor federal elections in Texas.

The Justice Department announced Friday its intention to send poll observers to 86 jurisdictions in 27 states on Election Day. The department regularly visits precincts during elections to ensure compliance with federal election law, but the number of locations on the list has nearly doubled since 2020.

The eight Texas counties expected to be visited by federal monitors were Atascosa, Bexar, Dallas, Frio, Harris, Hays, Palo Pinto and Waller.

Texas state law lists 15 categories of people allowed into polling places, including voters and minors accompanying voters, state and local election officials, and poll watchers who have completed state-required training.

Paxton's lawsuit refers to the approved list and points out that federal election observers do not meet any of these criteria.

A Justice Department spokesman declined to comment on the lawsuit Monday evening.

The Voting Rights Act of 1965, which prohibits racial discrimination in voting, allowed federal officials to observe polling places and places where ballots are counted.

But the 2013 U.S. Supreme Court ruling that struck down provisions of the law required the Justice Department to require a court order or the cooperation of state and local officials to enter polling places, according to a report by The Washington Post.

Missouri's secretary of state filed a similar lawsuit Monday challenging access for federal monitors. This follows the 2022 midterm elections, when Republican leaders in Missouri and Florida banned federal observers from entering polling places.

The Associated Press contributed to this report.