Electioneering Laws and Election Interference

This article talks about the concept of electioneering and election interference. It explores the different acts that could influence the integrity of the voting process.

What Is Electioneering?

Electioneering is when political groups persuade registered voters to vote for or against a particular political party or candidate. This strategy can affect election results and also influence the public's opinion.

Electioneering may include advocating for, against, or in the interest of a specific candidate, party, or proposition. It can be achieved through more active means, such as public speeches. Others do it subtly, like holding signs near polling places or wearing political paraphernalia to influence voters.

These activities can target candidates for different positions, including:

• President
• Vice President
• Presidential Elector
• Member of the Senate
• Member of the House of Representatives

The board of elections closely monitors these activities as electioneering often impacts the election results. The board also monitors the activities during election time to prevent election crimes and ensure compliance with election laws.

Electioneering Laws: Restrictions on Polling Sites

Each state has some version of the law that regulates electioneering near polling places on election day. For instance, Delaware law prohibits wearing any button, banner, or object referring to issues, candidates, or partisan topics. Minnesota's electioneering laws restrict such things as:

• The presence of unauthorized persons at a polling place
• Campaigning within 100 feet of a polling place
• The manner and location where exit polling can take place
• The location and conduct of news media representatives at polling places

As of December 2023, the following is a summary of restrictions near polling places:

• Thirty-eight states, the District of Columbia, and Washington, D.C., prohibit campaign materials, banners, signs, or other literature
• Twenty-eight states prohibit influencing voters, political persuasion, or soliciting votes
• Twenty-one states prohibit campaign apparel, buttons, stickers, or placards
• Seventeen states and Washington, D.C., prohibit circulating petitions or soliciting signatures
• Ten states prohibit projecting sounds referring to candidates or issues
• Ten states prohibit voter intimidation or interfering with voters
• Ten states prohibit obstructing entrance or hindering voters
• Nine states prohibit loitering
• Six states prohibit polls or exit polls
• Three states prohibit peddling or advertising

You may visit the National Conference of State Legislatures (NCSL) website for detailed guidance.

Apparel Requirements at Polling Sites

Some states ban registered voters from wearing campaign apparel far from the polling station. In New York, for example, the law prohibits wearing campaign apparel, buttons, stickers, or placards within 100 feet of entrances to buildings where the election is held.

In total, 21 states prohibit voters from wearing campaign apparel, buttons, stickers, and placards within polling places.

• Arkansas
• California
• Delaware
• Indiana
• Kansas
• Maine
• Massachusetts
• Minnesota
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Dakota
• Rhode Island
• South Carolina
• Tennessee
• Texas
• Vermont

The U.S. Supreme Court addressed the issue of apparel restrictions at polling places in a 2018 decision. The Supreme Court ruled that states can't give blanket prohibitions on wearing apparel in polling places. The Court stated that the law is vague and went too far since it doesn't clearly define what "political" apparel constitutes.

The Court allows for some restrictions on voter apparel in polling sites. But the high court emphasized that the law should have clear guidelines on what should be prohibited.

State Laws on Photography in Polling Places

The laws on photography, including ballot selfies and other forms of videotaping devices in polling places, vary from state to state. This variation reflects the complex balance between the sanctity of the electoral process and freedom of expression.

States With Minimal Restrictions

The following states have minimal restrictions on taking photos at polling places and ballot selfies. What this means is that voters (1) can take photos outside of the polling place, (2) can take photos inside the polling place, and (3) can take selfies with their ballots.

• California
• Oregon
• Washington
• Idaho
• Utah
• Montana
• Wyoming
• Colorado
• New Mexico
• North Dakota
• Nebraska
• Kansas
• Oklahoma
• Iowa
• Arkansas
• Indiana
• Pennsylvania
• Virginia
• New Jersey
• Washington, D.C.
• Rhode Island
• Connecticut
• New Hampshire
• Hawaii

States With Some Restrictions

The following states have some restrictions on taking photos at polling places and ballot selfies. In general, what this means is that voters (1) can take photos outside of the polling place, (2) can take photos inside the polling place, and (3) cannot take selfies with their ballot.

• Alaska
• Nevada
• Minnesota
• Missouri
• Louisiana
• Kentucky
• Tennessee
• Mississippi
• Wisconsin
• West Virginia
• Alabama
• Michigan
• South Carolina
• Florida (no pics, except a private picture of the ballot)
• New York
• Maryland
• Vermont
• Massachusetts
• Maine

Note that some of the states mentioned above have varying views when it comes to taking photos inside the polling location. For instance, the states of West Virginia, Alabama, and Michigan prohibit taking pictures while inside the polling place. Florida prohibits taking pictures inside and outside of the polling place. But Florida allows voters to take pictures of their ballots if it is done privately.

States With Strong Restrictions

The following states have strong restrictions on taking photos at polling places and ballot selfies. What this means is that voters (1) can take pictures outside of the polling place, (2) cannot take pictures inside the polling place, and (3) cannot take selfies with their ballots.

• Arizona
• South Dakota
• Texas
• Illinois
• Ohio
• North Carolina
• Georgia
• Delaware

These states may have varying laws when it comes to taking selfies with ballots. In Arizona, voters can take photos of their ballot at home. But they can't take pictures inside and within 75 feet of the polling place. In Texas, voters can take photos of their mail-in ballot before they send it off. But voters aren't allowed to take pictures inside and within 100 feet of the polling place.

Due to these varying conditions, it's best to check your state election laws or ask your election officials for detailed advice.

Media Campaign Disclosure Laws

Media is another significant influence on elections, and it can help ease election interference.

Individuals and groups that run ads for political campaigns referring to "clearly identified candidates" are subject to campaign disclosure laws. This means identifying information about the ad's sponsors (including name and address) should be available to the public. This law makes the campaign ad spender accountable. At the federal level, "electioneering communication" only refers to TV and radio advertisements. The disclosure laws apply to these forms of media.

But many political ads incorporate the internet and print media such as direct mail, magazines, and newspapers. About half of the states in the country changed their laws to reflect other forms of media to protect against election corruption. For example, Arizona's list of covered media includes billboards, broadcasts, direct mail, internet, and print.

The Federal Election Campaign Act

The Federal Election Campaign Act (FECA) is a federal law governing campaign finance and fundraising. It created the Federal Election Commission (FEC). FEC is a regulatory agency enforcing campaign finance laws, including the FECA. This highlights the efforts of the federal government to uphold election integrity and the enforcement of election laws—particularly those concerning the imposition of criminal penalties for electioneering.

One way that the Act attempts to control electioneering is a provision prohibiting certain electoral activities by foreign nationals. This includes making any:

• Contribution or donation of money or other things of value; or expenditure or disbursement connected with any U.S. federal, state, or local election
• Contribution or donation to any committee or organization of any national, state, district, or local political party
• Disbursement for an electioneering communication
• Donation to a presidential inaugural committee

What Is Vote Buying?

Vote buying is a form of electoral fraud wherein voters are offered money, goods, or other benefits in exchange for their vote for a particular candidate or political party. It's a corrupt election practice. It threatens the integrity of the electoral process. It is illegal in the United States. A person caught engaging in vote buying can suffer imprisonment of up to five years and a possible fine. Note that this criminal penalty only applies to voting buying during the special, general election, or primary elections.

Note that there are also state laws explicitly addressing vote buying. For instance, Kentucky state law provides that the state board of elections should ensure signs are prominently displayed at all polling places. These signs should contain information that buying and selling votes are illegal. The signs should also clearly state the criminal penalties for these acts.

Electioneering Laws and Election Interference: Reporting Violations

Election officials are vital in securing U.S. citizens' rights to participate in the general election through efficient election administration practices.

If you think you've experienced or observed voter intimidation, even if you're unsure if it violated the law, you can report it to your state election office. You can also file a complaint with the Civil Rights Division of the Department of Justice. These agencies are responsible for investigating violations and progressing with criminal charges as warranted.

Questions About Electioneering Laws? Ask an Attorney

If you witnessed practices that may have affected the integrity of the voting system, it's crucial to take action. An experienced civil rights attorney can provide the legal advice and help you need. Whether you have questions about your voter eligibility, voting rights, or law enforcement of election laws, a civil rights attorney can help you.