Election Day is effectively happening now. Over 45 million Americans have already cast their ballots, both absentee and in-person, via early voting. I encourage you to vote early, if you can.
I’ve already voted early in-person myself, in my home state of Virginia.
Legal battles shaping our democracy are still ongoing. Just this week, CLC attorneys were in Tucson, Arizona, fighting for the restoration of the ONLY in-person early voting site for the Pascua Yaqui Tribe. Members of the Tribe should not be forced to travel more than two hours roundtrip to vote at the nearest early voting site, especially during the pandemic.
I also had a thorough and lively discussion of CLC's voting rights fights this year with Kara Swisher on her New York Times podcast. You can listen here.
As in-person voting ramps up, possible voter intimidation will be a focus of press attention. On voter intimidation, it’s important to know that it is illegal, and there are resources and institutions available to help voters and preserve safe voting environments. In short: you should feel confident and encouraged to show up and exercise your right to vote.
Anxiety about voter intimidation is elevated because of President Trump’s comments at the first presidential debate—when he said, “I’m urging my supporters to go into the polls and watch very carefully.” Donald Trump, Jr. wasn't subtle either, in a video for the Trump campaign where he encouraged supporters to “ENLIST NOW”, saying, “We need every able-bodied man and woman to join Army For Trump’s election security operation,” as if this was a para-military effort.
These remarks are particularly concerning because this is the first presidential election in almost 40 years in which the Republican Party is not bound by a federal court consent decree to limit its “ballot security” tactics. The nationwide 1982 consent decree resulted from a lawsuit alleging the GOP engaged in voter intimidation against Black Americans by sending armed, off-duty law enforcement officers to polling locations in Black neighborhoods, and by sending targeted mailings meant to scare people from voting. A judge ended this consent decree in 2018.
Our election system does allow credentialed observers from political parties to be present at polling places: both major parties provide such credentialed observers across the country. However, as Michigan Attorney General Dana Nessel recently said, “We have to draw the line between what a person can do operating as a legal observer versus what is being done to harass people.” It’s also important to know that people affiliated with both major parties have engaged in voter intimidation, and voter intimidation is not limited by geography.
When it comes to voter intimidation, state and federal law are on the side of the voters.Federal law prohibits voter intimidation, as do many state laws. Local election officials are empowered to maintain peace and safety at the polls – it is an important part of their responsibilities.
There are great resources for understanding how the law protects voters from intimidation. The Institute for Constitutional Advocacy and Protection at Georgetown University Law Center has created fact sheets for all 50 states explaining the laws barring unauthorized private militia groups and what to do if groups of armed individuals are near a polling place or voter registration drive. Additionally, the Brennan Center for Justice has put together a useful resource explaining the limits on government and private actors.
What should you do if you encounter voter intimidation yourself? Call the Election Protection Hotline at 866-OUR-VOTE (866-687-8683) to get voting help from a trained election protection volunteer. There are other places to turn to, and we’ve listed some of them in our voter intimidation article.
Our most important right as Americans is the right to vote, and America must ensure that voters can exercise their rights safely and have their ballot counted. Remember: We have a right to vote!
The nonpartisan Campaign Legal Center advances democracy through law at the federal, state and local levels, fighting for every American’s rights to responsive government and a fair opportunity to participate in and affect the democratic process.
