Voter Intimidation: What It Is, and What to Do

As an American citizen, you have certain rights, including the right to vote. As long as you’re an eligible voter, both federal and state law protect your voting rights and prohibit anyone from interfering with these rights. That doesn’t mean that people and groups won’t try to influence your vote. In some instances, this is perfectly legal. In others, it breaks the law.

This article explains what voter intimidation entails and how you can combat it. It also examines voter suppression and how that ties in with voter intimidation. You’ll come away better equipped to spot this sort of behavior and know what to do if you witness someone interfering with anyone’s right to vote.

If you have further questions about your voting rights or voting intimidation, contact an experienced civil rights attorney. You should also seek legal advice if you have any other questions about the voting process.

What Is Voter Intimidation?

In general, voter intimidation refers to behavior that makes another person uncomfortable voting for the party or candidate of their choice. Voter intimidation typically involves a person using threats, coercion, or other types of pressure to intimidate another voter or interfere with that person’s right to vote for their chosen candidate. It’s a federal crime.

Voters have reported intimidation in recent elections in many jurisdictions, including Texas, New Hampshire, North Carolina, Arizona, Ohio, Nevada, and Pennsylvania. For example, several lawsuits were filed in the lead-up to the 2016 election alleging that “poll watching” activities intimidated voters. Those complaints alleged that unauthorized poll watchers were following people into the parking lots of polling stations to interrogate them, record their license plates, and call 911 to report them for committing a felony by voting.

Voter intimidation can take many forms. However, some are more common than others.

Some intimidation tactics include:

• Physically blocking polling places or election offices
• Using threatening language or brandishing weapons in or near a polling place
• Yelling at people or calling them names while they are in line to vote
• Disrupting or interrogating voters
• Threatening election workers
• Looking over people’s shoulders while they are voting
• Questioning voters about their political choices, citizenship status, or criminal record
• Displaying false or misleading signage
• Spreading misinformation or false information about voting requirements and procedures
• Posting fake news on social media

If you experience or witness any of the above, notify poll workers immediately. You should also talk to a civil rights attorney if you believe someone has violated your voting rights.

History of Voter Intimidation in the United States

The history of voting in America is full of examples of voter suppression and voter intimidation. After the Civil War, voter suppression campaigns were so successful that only 3% of eligible African Americans in the South were registered to vote. In 1940, Congress recognized that this behavior undermined democratic principles and passed a law criminalizing voter intimidation.

Federal law makes it illegal to intimidate, coerce, or threaten another person to interfere with their right to vote for whomever they choose. It is also illegal to try to force another individual to vote a particular way.

Under this law, any person who engages in the above behavior is subject to fines and up to one year in federal prison. While this law applies only to federal elections, other state and federal laws prohibit voter intimidation in all elections.

Other Federal Laws Against Voter Intimidation

The federal government has passed several pieces of legislation that prohibit voter intimidation. In addition to the above law, there are other laws protecting citizens’ right to vote, free from harassment and threats of violence.

Some of the other voter intimidation-related federal laws include:

• The Ku Klux Klan Act of 1871 protected newly freed slaves from harassment at polling locations on election day
• The Voting Rights Act of 1965 banned intimidation, threats, and coercion

It’s the job of election officials and law enforcement to prevent voter intimidation.

Voter Intimidation vs. Voter Suppression

Voter intimidation and voter suppression are sometimes used interchangeably, but they are two very different things. Voter intimidation occurs when someone takes measures to interfere with another person’s ability to vote.

Voter suppression, on the other hand, involves individuals or groups using legal and extralegal tactics or strategies to limit voter participation by certain groups. In many situations involving voter suppression, an individual or group targets members of a specific race, socioeconomic class, or other marginalized group. The goal of voter intimidation is to force a person to vote (or not vote) in a particular way, while the goal of voter suppression is to prevent people from voting altogether.

State Voter Intimidation Laws

All states have voter intimidation laws. The purpose of these laws is to increase voter turnout and participation in the election process. Over time, the states have done what they can to increase voter eligibility. For example, literacy tests and laws requiring that voters read and write English no longer exist in this country. There is also a long history of voter advocacy in this country.

This does not mean that problems with voter intimidation don’t still exist. Some people, including political candidates, will go any length to prevent certain groups of voters from casting their ballots.

As a result, state officials have passed laws ensuring that citizens can participate in the voting process without fear of harm or retaliation. For example, Florida’s Voter Protection Act prohibits people from engaging in voter intimidation or suppression by using force, violence, or intimidation to push others to vote (or not vote) in a certain way.

Other jurisdictions, such as Georgia and Wisconsin, also have state laws that prohibit this sort of behavior. The criminal penalties for violating these laws vary by state and the type of intimidation used.

Poll Watchers and Voter Intimidation

Poll watching helps ensure a fair election, but unauthorized poll watchers sometimes resort to voter intimidation. A political party or party nominee appoints specific people to serve as poll watchers. These individuals undergo training and hold certifications. Poll watchers must register to vote in the state, county, or district they track. Some states limit the number of poll watchers allowed in the polling place at any given time.

In many states, poll watchers inspect the signature rosters and observe vote-counting activity. In some jurisdictions, poll watchers can challenge voters’ right to vote. In others, only poll workers may challenge a voter. Learn more about the specific rules in each state on poll watchers and voter challenges at the National Association of Secretaries of State.

Certified Poll Watchers vs. Self-Appointed Poll Monitors

Some people undergo training and certification to become legal poll watchers. Their job is to ensure that voters are free to cast their ballot without interference and harassment. The government tasks these people with protecting the integrity of the voting process.

Certified poll watchers are not technically election workers. However, they are allowed to be present in the polling places to monitor voters’ behavior. While they cannot interfere with the election process, they can point out irregularities and violations of election procedures.

There are also people who consider themselves self-appointed poll workers. They are not trained, nor do they carry the necessary certifications. They typically dress in tactical gear and harass voters both inside and outside the polling place. These self-appointed poll workers often engage in illegal behavior and may face criminal penalties under both federal and state law. If you’re confronted in this manner, alert the poll workers, election officials, or law enforcement.

Voter Intimidation Isn’t Limited to the Polling Place

Voter intimidation isn’t limited to your local polling location. It happens at all levels of the voting process, including voting drop boxes and voter registration centers. You may see it happen at the Department of Motor Vehicles, a government agency that now handles automatic voter registration in many states.

Some of the places you may experience or witness voter intimidation include:

• Polling locations
• Drop boxes
• Voter registration drives
• Government agencies where people register to vote
• Election offices

If you witness or experience voter intimidation at any of these locations (or any other place), report it immediately.

What Should You Do if You Have Experienced Voter Intimidation?

If someone intimidates or harasses you while you’re in line to vote or inside a polling station, you can call for immediate help. You can also report instances of poll workers intimidating other voters. Some options you have are:

• Notify a poll worker of the intimidation tactic you observed. Talk to the election supervisor or call your state board of elections to report the activity. You can also report it to the election commissioner.
• You can report intimidation to the Election Protection Hotline: 1-866-OUR-VOTE. To report in Spanish, call 1-888-VE-Y-VOTA.
• Call the U.S. Department of Justice voting rights hotline at 1-800-253-3931. You can also report incidents at the DOJ’s website.
• Report voter intimidation to your local police. It’s likely that at least one officer will be present at most polling stations.

If you believe someone has violated your voting rights, speak to a civil rights lawyer near you.

How Can an Experienced Civil Rights Attorney Help?

If you aren’t sure what your voting rights are or believe someone has violated your rights, contact a civil rights attorney. They’ll explain your rights and help you file a complaint. It’s also a good idea to seek legal advice from a criminal defense lawyer if the state has filed charges against you for voter intimidation or voter fraud.