Voter Intimidation Can Result in a Prison Sentence
Perhaps you thought you were behaving like a patriot when you chatted up fellow voters, but now you’ve been arrested and charged with voter intimidation. What comprises voter intimidation, and what should you do about these charges?
Voter Intimidation Defined
A federal crime, voter intimidation is spelled out in U. S. code as threats, intimidation, or coercion of someone else in an effort to interfere with someone’s right to vote for the federal position or candidate of their choice. But what does voter intimidation look like in practice? Some examples include:
- Physically obstructing a polling place in order to reduce access;
- Uttering threats in or around a polling site;
- Quizzing, following, or otherwise disrupting voters;
- Interrogating a voter about their credentials to vote, including on issues such as their citizenship and/or criminal record;
- Misrepresenting the rules related to voting requirements so as to discourage people from even trying to cast their vote;
- Soliciting personal information from potential voters in phone calls, flyers, or in person.
Poll Watchers
Poll watchers oversee polling sites and ballot counting locations with a goal of keeping election work honest and transparent. In Nevada these individuals operate under clear rules:
- Anyone except for members of the press may be an observer at a polling location with no appointment necessary.
- Anyone can be an observer at a ballot counting location—no appointment necessary.
- Observers must sign a form acknowledging they understand the expected conduct.
- Observers must always wear their name tag.
Restrictions on Poll Watchers
Although poll watchers 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. Specifically, they cannot:
- Interfere with the voting process;
- Promote any political position, candidate, or party;
- Wear campaign paraphernalia or clothing;
- Take any photographs or make any recordings;
- Eavesdrop on conversations between election officers when interacting with one another and/or with voters.
- Argue with decisions made by election personnel.
- Make or accept phone calls or use a computer at the polling site or ballot counting location;
- Speak with voters in a polling site;
- Talk to workers in the central counting location;
- Look at a voter’s ballot, choices, or personal information.
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 Las Vegas criminal defense attorney fighting for you is essential. At Lobo Law we always strive for the best possible outcomes for you. To discuss, schedule a confidential consultation in our Las Vegas office today.
Source:
campaignlegal.org/update/voter-intimidation-illegal-what-should-i-do-if-i-experience-it
