Voter Intimidation is Illegal
Although you sincerely believed you were acting as a patriot when you chatted up fellow voters, you’ve now been arrested and charged with voter intimidation. What is voter intimidation, and what should you do about these charges?
Voter Intimidation Defined
- S. code defines voter intimidation as interactions with a fellow voter involving coercion, threats, or intimidation in an attempt to interfere with that voter’s right to vote for the position or candidate of their choice. It is a federal offense, and could land offenders behind bars. Maryland has its own state laws banning it, as well. But what does voter intimidation look like in practice? Some examples include a variety of activities around polling places, ballot counting facilities, and unmanned ballot drop boxes.:
- Any violent actions in or around a polling location;
- Intimidating by brandishing or displaying firearms;
- Any confrontations with other voters while wearing official-looking or military type clothing;
- Obstructing another person’s access to a polling place;
- Using verbal threats in or around a polling site;
- Questioning, pursuing, or otherwise disrupting voters;
- Writing down peoples’ license plate numbers or otherwise approaching with aggression;
- 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;
- Assembling as part of a private militia outside of any polling location.
Accredited Poll Watchers and Challengers
Accredited poll watchers oversee polling sites and ballot counting locations with the goal of keeping election work honest and transparent. In Maryland these individuals must be authorized and certificated by the State Board of Elections. They may challenge the right of someone to vote if there is evidence that such person is not the registered voter listed, but the reasons for the challenge must be listed in writing prior to that person being issued a ballot. A person who has been challenged can prove their identity with:
- A social security card;
- A voter registration;
- A Maryland driver’s license;
- A government ID;
- An employer provided photo ID;
- A bill, paycheck, or government document showing the person’s current address and name.
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 voting;
- Promote a political position, party candidate (electioneering);
- Wear or display campaign paraphernalia or clothing;
- Wear law enforcement, private security, or military uniforms;
- Touch voting materials equipment;
- Attempt to enter a secure area without permission;
- 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
Anyone found guilty of interfering with the work of election officers or voters who are exercising their legal right to cast a ballot may face Maryland Penal Code, which allows for imprisonment for up to five years and $5,000 in fines. 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 La Plata & Waldorf criminal defense attorney fighting for you is essential. At HM Law we always strive for the best possible outcomes for you. To discuss, schedule a confidential consultation in our office today.
Source:
campaignlegal.org/update/voter-intimidation-illegal-what-should-i-do-if-i-experience-it
