Image by Wokandapix from Pixabay
Click here for complete PDF
October 12, 2020 - This memorandum addresses recent inquiries requesting clarification regarding laws, practices, and procedures related to voter intimidation at polling locations, challenges to voters at polling locations or during the vote by mail/provisional ballot processing period and electioneering. This memorandum also provides recommendations related to reporting voter intimidation incidents to our office. While many of the activities referenced below may constitute violations of federal law, this memorandum focuses on state law.
Election observers are welcome to observe in-person voting and other activities and their presence is authorized by law. Those who avail themselves of observation activities must, however, not engage in any prohibited activity.
Election Activities that May be Vulnerable to Intimidation Voting:
Voter intimidation is illegal and is a serious offense. It is a felony if any person “makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation” to compel any other person to vote or refrain from voting, refrain from voting for any particular person or measure at any election; or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure. (Elec. Code, § 18540.)
• Blocking access to voting locations
• Threatening criminal action against voters
Presenting false information about voter eligibility requirements, including criminal consequences for voting (e.g., credit card debt, arrest warrant checks, etc.)
• Harassing or threatening behavior, including aggressive questioning of voters based on a person’s race, gender identity, or aggressively questioning voters about their citizenship, criminal record, or other qualifications to vote
• Challenging voters’ right to vote
• Presenting false information to voters about the voting process and requirements, including the ability to speak English, or the need to present certain types of photo identification
• Assault, battery, threats of violence, brandishing of weapons
Security Guards/Law Enforcement/Firearms:
It is a felony for any person to possess a firearm at a voting location or in the immediate vicinity of a voting location. Similarly, it is illegal for any uniformed peace officer, private guard, or security personnel or any person who is wearing a uniform of a peace officer, guard, or security personnel from being stationed at or in the immediate vicinity of a voting location. (Elec. Code, § 18544.)
Additionally, it is also a felony for any person or entity to hire or arrange for the prohibited activity in Elections Code section 18544. (Elec. Code, § 18545.)
Note: These prohibitions do not in any way prevent a law enforcement officer or an unarmed, uniformed security guard from voting. Please note the minor, but important exceptions specified in Elections Code sections 18544(b) and 18545.
Shirts, hats, or other displays that indicate a person is with “Election Security” or “Ballot Security” or apparel or accessories with any semblance of a logo or display that might be confused with any private guard or security company or government agency are prohibited. This includes observers and anyone who is not there to vote.
Click here for more information
Source: CA. SOS
