By Douglas V. Gibbs
Article I, Section 4, Clause 1 of the United States Constitution: "The Times, Places and Manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof."
It is up to each State the manner of holding elections. If they don't want non-citizens near their polling places, that is their prerogative. For the federal government to force upon the States observers is criminal. If a State decides to allow observers, and some States have, that is fine. In turn, the federal government cannot force the State to allow international observers.
When Texas was told they would have international observers at their polling places, Texas responded that representatives from the Organization for Security and Co-operation in Europe (OSCE) being within 100 feet of a polling place's entrance is a criminal offense, and those persons will be arrested.
The State Department has indicated that these international election observers have "full immunity" from being arrested in the United States, under U.S. law.
Federal Law does not supersede State Law in this instance. The Constitution is clear, the manner in which elections are held are up to the States, and if they don't want observers, the federal government, nor any international organization, can force upon the State such persons.
For those of you getting ready to use the Supremacy Clause as an opposing argument, read Article VI carefully. Federal Laws are only supreme when the laws are within the limitations of the Constitution - and once again, there is no authority granted to the federal government allowing them to dictate to the States anything regarding the manner in which they shall run elections.
-- Political Pistachio Conservative News and Commentary
State Dept: Texas can't arrest international election observers - Washington Examiner