voter intimidation

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. Continue reading

An investigation into voter fraud by the Siskiyou County Sheriff’s Office has caught the attention of the California State Attorney General’s Office for possible voter intimidation. According to the ABC affiliate KDRV, about a week before the primary, deputies went door-to-door with loaded rifles to the homes of Asian Americans of Hmong descent threatening them with arrest for voter fraud. The county sheriff claimed that 200 voter applications looked questionable, so deputies and state investigators went to the listed addresses on the applications. Specifically, due to poverty, many Hmong families live in the same dwelling as other families to be able to make ends meet. That makes it look like there may be a conflict in voter registration addresses.

Hmong communities have historically been the most marginalized and impoverished Asian American community in the nation. The Hmong were key allies with the CIA against the North Vietnamese and Vietcong during the Vietnam war. After the fall of Saigon, many of them were evacuated to the states, mainly central California.

Because of the door-to-door threat of arrest, many stayed home and did not vote. Immigrants who were intimidated fear deportation back to a country that wants them dead.

What is Voter Intimidation?

In what could only be described as the most divisive election in American history, voter intimidation of low-income and minority voters has been on the rise. Voter intimidation can generally be described as trying to coerce or scare someone to abstain from voting, or to vote a certain way. For example, in Virginia, it has been reported that armed militia men standing outside voting booths harassing Democratic voters may be voter intimidation. Other more institutional forms of voter intimidation include police threats of arresting people who have unpaid parking tickets, or misleading robocalls in African-American communities telling them they did not need to vote.

Yes, Voter Intimidation is a Felony

Voter intimidation in any state is a felony. Numerous federal laws prohibit voter intimidation by government officials and by private actors and in most states, those laws are reinforced by state laws prohibiting voter intimidation. Federal law prohibits government actors from discriminating against voters based on race, ethnicity, or religion. However, there is no bright line to distinguish between legitimate poll watching activities and outright voter intimidation at the polls.

Other Relevant Laws for the Election

While every person should be able to exercise his or her civic duty to vote, Californians cannot take a ballot selfie on November 8. While Governor Jerry Brown signed a new law last month making it legal, it will not be legal in time for this election. Continue reading

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