San Diego Criminal Lawyers Blog
Even though you thought you were just being patriotic when you chatted up fellow voters, now you have been arrested and charged with voter intimidation. What is voter intimidation, and what should you do about these charges?
Voter Intimidation
U.S. code defines voter intimidation as any combination of coercion, threats, or intimidation of someone else in an attempt to interfere with that person’s right to vote for the federal position or candidate of their choice. It is a federal offense and could land offenders behind bars. But what does voter intimidation look like in practice? Some examples include:
- Obstructing someone’s access to a polling place;
- Using verbal or other threats in or around a polling site;
- Questioning, pursuing, or otherwise disrupting voters;
- Grilling a voter about their voting authorization, including questioning their citizenship and/or criminal record;
- Lying about or misconstruing the rules related to voting requirements in an effort to dissuade people from even attempting vote;
- Soliciting personal information from potential voters in phone calls, flyers, or in person.
Who Can Be Poll Watchers?
Poll watchers oversee polling sites and ballot counting locations with the goal of keeping election work honest and transparent. In California, these individuals:
- Sets up/closes down polling locations;
- Protects voting equipment/ballots;
- Helps voters understand voting rights;
- Must be a legal permanent resident of U.S. citizen;
- Could be a high school student who meets these qualifications:
- Is a U.S. citizen;
- Has a GPA of 2.5 or higher;
- Has permission from their parents/guardians.
Restrictions on Poll Watchers and Election Observers
Although poll watchers are allowed to observe the behavior of both voters and officials, they are prohibited from certain activities. Clearly, they are not allowed to intimidate or threaten voters. Additionally, they cannot:
- Interfere with the voting process;
- Promote any political position, candidate, or party;
- Wear campaign paraphernalia or clothing;
- Wear law enforcement, private security, or peace officer uniforms;
- Physically touch voting materials, furniture, or equipment;
- Converse with election officers;
- Without permission, attempt to enter a secure area;
- Speak with voters about their vote or their eligibility within 100 feet of a polling site;
- Talk to workers or otherwise interrupt the work in the central counting location;
- Challenge the process or decisions made by election officials;
- Photograph or video voters coming and going from polling places.
- Look at a voter’s ballot, choices, or personal information.
Penalties for Voter Intimidation
If found guilty of interfering with the work of election officers or voters who are exercising their legal right to cast a ballot, section 1170 of the Penal Code allows for imprisonment for up to three years. The same goes for tampering with voting materials or equipment and attempting to discourage someone from voting.
Defending Charges
If you are facing jail time and/or fines due to activities construed as voter intimidation, having a seasoned and knowledgeable criminal defense attorney fighting for you is essential. At Boertje & Associates, we always strive to provide the best possible outcomes for you. To discuss this, schedule a confidential consultation in our San Diego office today.