Armed Poll Watchers: Spreading Like Wildfire What Could Possibly Go Wrong

 

Armed Poll Watchers a New Fad - Why???

These Two Spotted in Mesa, AZ

A recent Texas law now allows open carry where no permit is required or needed for just about anywhere in Texas. Several other states have that same provision and others are certain to follow suit.

Then a U.S. District Judge ruled to allow armed military style dressed “poll watchers” (like these two in Mesa, AZ).

Both of those two events are insane and helps to explain “voter intimidation” outlined in this GEORGETOWN LAW FACT SHEET with the subject: “Protecting Against Voter Intimidation”

So, is voter intimidation illegal? Yes.

The right of each voter to cast his or her ballot free from intimidation or coercion is a foundational principle of a free and democratic society. Federal law prohibits voter intimidation. Multiple federal statutes make it a crime to intimidate voters: it is illegal to intimidate, threaten, or coerce a person, or attempt to do so, “for the purpose of interfering with” that person’s right “to vote or to vote as he may choose.” Cite: 18 U.S.C. § 594.

It is also a crime to knowingly and willfully intimidate, threaten, or coerce any person, or attempt to do so, for “registering to vote, or voting, or for urging or aiding” anyone to vote or register to vote. Cite: 52 U.S.C. § 20511(1).

And it is a crime to “by force or threat of force” willfully injure, intimidate, or interfere with any person because he or she is voting or has voted or “in order to intimidate anyone from voting.” Cite: 18 U.S.C. § 245(b)(1)(A).

Federal law also provides for civil lawsuits based on voter intimidation. Section 11 of the Voting Rights Act makes it unlawful to “intimidate, threaten, or coerce another person, or attempt to do so, for voting or attempting to vote” or “for urging or aiding any person to vote or attempt to vote.” Cite: 52 U.S.C. § 10307(b).

Section 2 of the Ku Klux Klan Act of 1871 also makes it unlawful for “two or more persons to conspire to prevent by force, intimidation, or threat, any voter from casting a ballot for the candidate of his or her choice.” Cite: 42 U.S.C. § 1985(3).

Every state also separately prohibits interference with voters and voter intimidation.

What are examples of voter intimidation?

The DOJ has explained that voter intimidation is conduct that is intended to compel prospective voters to vote against their preferences, or to not vote at all, through activity that is reasonably calculated to instill fear.

Some actions that ordinarily would be legal may be unlawful if they are intended to intimidate voters. Voter intimidation is often subtle and context-dependent, so it can be difficult to identify in advance.

Here are some examples of conduct near polling sites that likely would constitute illegal voter intimidation, although other conduct could also qualify:

1. Violent behavior inside or outside the polling site.

2. Verbal threats of violence.

3. Confronting voters while wearing military-style or official-looking uniforms.

4. Spreading false information about voter fraud, voting requirements, or related criminal penalties.

5. Brandishing firearms or the intimidating display of firearms.

6. Aggressively approaching voters’ vehicles or writing down voters’ license plate numbers.

7. Disrupting voting lines or blocking the entrance to the polling place.

8. Harassing voters, aggressively questioning them about their qualifications to vote.

9. Following voters to, from, or within a polling place.

Are guns permitted at polling places? Sometimes.

As the Giffords Law Center explains: AZ, CA, FL, GA, LA, TX, and DC all “explicitly prohibit guns at polling locations.” Also, firearms are prohibited at polling sites in MO, MS, NE, and SC “prohibit concealed firearms at polling sites.”

Guns may also be prohibited when polling places are located public K–12 school buildings or on other public or government property where firearms are not permitted.

Even where guns are not explicitly prohibited, they may not be used to intimidate voters. Nor may armed groups of individuals patrol polling locations or otherwise engage in activities reserved for law enforcement or official state militias.

Does the First Amendment protect intimidating speech? Not always.

The First Amendment does not protect intimidation in the form of “true threats,” that is: “Where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence against another person or group.” Cite: Virginia v. Black, 538 U.S. 343, 360 (2003).

Nearly every state has a similar law protecting voters against electioneering in the immediate vicinity of the polls. Although speech outside this limited distance may be entitled to greater protections, jurisdictions likely could, for example, require any demonstrations to remain a reasonable distance away from the path that voters must take into the polling place in order to guard against intimidation.

My 2 Cents: Good and timely information. Just one simple question: Why armed poll watchers? What are they afraid of – surely not armed voters? All-in all, this is a not a good trend. 

We have the right to vote in a free, fair, safe, and secure election without any interference or intimidation. 

However, this changes all the rules, but in a word: It must be not be allowed to continue. 

Thanks for stopping by.