Voter Intimidation is Illegal
Although you thought you were acting patriotically when you chatted up fellow voters, you’ve been arrested and charged with voter intimidation. What constitutes voter intimidation, and what should you do about these charges?
Defining Voter Intimidation
Voter intimidation is a federal crime, and is spelled out in U.S. code as intimidation, threats, or coercion of another person in an attempt to interfere with their right to cast a ballot for the federal candidate or position of their choice. But what does that look like in practice? Some possibilities include:
- Grilling someone about their qualifications to vote, including on topics such as citizenship and/or criminal record;
- Creating a physical blockade to a polling place to reduce access;
- Expressing threats when in or around a polling location;
- Interrogating, following, or otherwise disrupting voters;
- Lying about the rules related to voting requirements in order to attempt to discourage people from even attempting to cast their vote;
- Requesting personal information from potential voters in phone calls, flyers, or in person.
Poll Watchers
Poll watchers monitor polling sites and ballot counting locations in order to keep election work transparent and honest. In Florida, these individuals operate under clear rules:
- They are chosen by candidates and approved by the county supervisor of elections at least two weeks before the election occurs.
- Anyone working in law enforcement and candidates themselves are ineligible for the work.
- They must be registered to vote in the county where they are observing;
- Any members of the general public may observe, but not touch or interfere with ballot counting;
- The public is allowed to inspect, but not touch—mail-in voter certificates and envelopes.
Restrictions on Poll Watchers
Although poll watchers—who must wear name tags—are charged with observing the behavior of both voters and officials, they are prohibited from certain activities. Obviously, they are not allowed to intimidate or threaten voters. Additionally, they cannot:
- Interact with voters (any challenges must go through the clerk at the polling location);
- Wear campaign paraphernalia or clothing;
- Carry any type of weapon;
- Make any attempt to influence voters within 150 feet of a ballot intake station or polling place;
- Take any photographs or make any recordings;
- Make or accept phone calls in the polling site.
Penalties for Voter Intimidation
If found guilty of voter intimidation, federal law allows a sentence of a year behind bars, as well as the potential for fines.
Defending Charges
If you are facing jail time and/or fines due to activities construed as voter intimidation, having a seasoned and knowledgeable Miami criminal defense attorney fighting for you is essential. At The Law office of Julia Kefalinos, we always strive for the best possible outcomes for you. To discuss, schedule a confidential consultation in our Miami office today.
Source:
law.cornell.edu/uscode/text/18/594
