ICAP (@ Georgetown Law) fact sheets on private paramilitaries

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State-focused resources for voters and potential voters confronted by self-dubbed militias "protecting" the vote.

Voter intimidation is a crime. Get familiar with the laws in your state.

ICAP 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. Select a state from the menu below to view the corresponding fact sheet.


Access ICAP’s fact sheet on voter intimidation laws, detailing what kinds of conduct could cons ute voter intimidation, and what to do if you experience voter intimidation.

https://www.law.georgetown.edu/icap/...Fact-Sheet.pdf
https://www.law.georgetown.edu/icap/...e-fact-sheets/

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Is voter intimidation illegal?

Yes. The right of each voter to cast his or her ballot free from intimidation or coercion is a foundational principle ofa free and democratic society. Federal law prohibits voter intimidation.Multiple federal statutes make it a crime to intimidate voters: it is illegal to intimidate, threaten, or coerce a person, orattempt to do so, “for the purpose of interfering with” that person’s right “to vote or to vote as he may choose.”18 U.S.C. § 594. It is also a crime to knowingly and willfully intimidate, threaten, or coerce any person, or attempt todo so, for “registering to vote, or voting,” or for “urging or aiding” anyone to vote or register to vote.52 U.S.C. § 20511(1). And it is a crime to “by force or threat of force” willfully injure, intimidate, or interfere withany person because he or she is voting or has voted or “in order to intimidate” anyone from voting.18 U.S.C. § 245(b)(1)(A).Federal law also provides for civil lawsuits based on voter intimidation. Section 11 of the Voting Rights Act makes itunlawful to “intimidate, threaten, or coerce” another person, or attempt to do so, “for voting or attempting to vote”or “for urging or aiding any person to vote or attempt to vote.” 52 U.S.C. § 10307(b). And Section 2 of the Ku KluxKlan Act of 1871 makes it unlawful for “two or more persons to conspire to prevent by force, intimidation, or threat,”any voter from casting a ballot for the candidate of his or her choice. 42 U.S.C. § 1985(3).Every state also separately prohibits interference with voters and/or voter intimidation.

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What are examples of voter intimidation?

The U.S. Department of Justice has explained that voter intimidation is conduct that is intended to compel prospectivevoters to vote against their preferences, or to not vote at all, through activity that is reasonably calculated to instill fear. Some actions that ordinarily would be legal may be unlawful if they are intended to intimidate voters.Voter intimidation is often subtle and context-dependent, so it can be difficult to identify in advance. Here are someexamples of conduct near polling sites that likely would cons ute illegal voter intimidation, although other conduct could also qualify:

• Violent behavior inside or outside the polling site
• Verbal threats of violence
• Confronting voters while wearing military-style or official-looking uniforms
• Spreading false information about voters, fraud, voting requirements, or related criminal penalties
• Brandishing firearms or the intimidating display of firearms
• Aggressively approaching voters’ vehicles or writing down voters’ license plate numbers
• Disrupting voting lines or blocking the entrance to the polling place
• Harassing voters, aggressively questioningthem about their qualifications to vote
• Following voters to, from, or within the polling place

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Are guns permitted at polling places?

Sometimes. As the Giffords Law Center explains, Arizona, California, Florida, Georgia, Louisiana, Texas, and theDistrict of Columbia “explicitly prohibit guns at polling locations,” while Mississippi, Missouri, Nebraska, and South Carolina “prohibit concealed firearms at the polls.” Guns may also be prohibited when polling locations arein K–12 schools and other property where firearms are not permitted.Even where guns are not explicitly prohibited, they may not be used to intimidate voters. Nor may armed groups ofindividuals patrol polling locations or otherwise engage in activities reserved for law enforcement or official statemilitias. Fact sheets containing state laws banning private unauthorized militia activity are available athttp://bit.ly/50factsheets.