Defining Voter Intimidation: Six Battleground States

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The Supreme Court of Florida (Steven Martin, https://flic.kr/p/2j1ofeh; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/).

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The specter of voter intimidation in the 2020 election has received renewed attention recently, in part due to the president’s directive in the first presidential debate for his supporters to “go into the polls and watch very carefully.” People have made concrete allegations of voter intimidation in Minnesota, Virginia, North Carolina and Michigan. But different media outlets and analysts often define voter intimidation in different ways. It’s even more important to clarify what constitutes voter intimidation as Election Day inches closer.

Federal law defines voter intimidation in broad strokes as acts that “intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for voting or attempting to vote.” Little official federal guidance exists as to what particular conduct that definition covers. However, according to the Brennan Center, it may encompass:

Baseless or abusive challenges to voters’ eligibility.

Direct confrontation of voters.

Use of insulting, offensive, or threatening language or raised voices in and around polling places.

Blocking polling-place entrances. …

Brandishing weapons in front of voters.

Dissemination of misleading election information.

Similar to federal law, many state laws about voter intimidation are broad and often fail to provide guidance as to which particular acts would constitute a violation. And because instances of voter intimidation have rarely made it into the courts, there’s a dearth of case law that could illuminate how states’ broad prohibitions might apply in particular instances.

This post sheds light on the rules and guidance aimed at preventing voter intimidation in six battleground states: Arizona, Florida, Michigan, North Carolina, Pennsylvania and Wisconsin. It does not seek to provide a comprehensive assessment of remedies for alleged voter intimidation, nor does it explore the legal prohibitions on related conduct, such as electioneering. While Pennsylvania enumerates specific examples of what conduct constitutes voter intimidation, most states we examined did not, leaving it an open question how state officials may apply their broad prohibitions against such conduct.

Arizona

Arizona law includes both general prohibitions on voter intimidation and more specific protections for certain groups. In Arizona, it is a misdemeanor for an individual to “make use of force, violence or restraint,” “inflict or threaten infliction … of any injury, damage, harm or loss,” or “in any manner to practice intimidation upon or against any person,” to influence whether that person votes or for whom they cast a ballot. Arizona law also makes voter intimidation by employers illegal. Section 10-1012 states that it is a misdemeanor for an employer to put employees’ pay in envelopes with “political mottos, devices, or arguments” aiming to influence employees’ political views or behavior. In addition, within 90 days of an election, an employer may not exhibit any notices, handbills or placards that contain election-related threats—this prohibition includes statements that if a particular candidate is defeated, wages will be lowered or the establishment will close.

Arizona law also includes broader protections intended to provide bulwarks against voter intimidation. First, Arizona requires a 75-foot zone to be maintained around voting areas, in which only poll workers and individuals currently voting are permitted. It is a misdemeanor for a voter to “interfere with [another] voter” within this 75-foot limit, or within 75 feet of a main outside entrance to an on-site early voting location. Voters also may not “hinder the voting of others.” They may not “by force, threats, menaces, bribery, or any corrupt means … awe, restrain, hinder, or disturb” electors, or deter them from or influence them in casting their vote. Additionally, it is a felony to interfere with election officers.