Voter Intimidation Laws: Legal Protections Against Harassment

In the United States, voters are protected by law from any intimidation related to voting, registering to vote, encouraging others to vote or register to vote, or otherwise exercising their rights under federal election laws.

These laws apply specifically to federal elections, but many states have comparable laws for state and local elections. For personalized legal advice on exercising your right to vote, reach out to a local civil rights lawyer.

Federal Laws Prohibit Voter Intimidation

Federal election law is codified in Title 52 of the U.S. Code, Voting and Elections. It imposes criminal penalties, including fines and imprisonment, for voter intimidation.

Section 10307 of Title 52, which is part of the Voting Rights Act, prohibits people from intimidating, threatening, or coercing others for exercising their right to vote. Section 10308 specifies criminal penalties for violations of these provisions. Notably, these sections do not require evidence of a specific intent to intimidate.

By contrast, Section 20511, which is part of the National Voter Registration Act and also prohibits voter intimidation, threats, and coercion, includes “knowingly and willfully” language that requires evidence of intent.

Title 18 of the U.S. Code, Crimes and Criminal Procedure, imposes additional criminal penalties for voting intimidation. Sections 594 and 875(c) of this title have been used to prosecute election intimidation cases. Various other provisions of federal law protect voters from intimidation and other breaches of their constitutional rights by government officials, including the military.

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History of Federal Protections: The Civil Rights Acts and the Voting Rights Act

Federal election laws addressing voter intimidation arose from the civil rights era of the 1950s and 60s. Congress passed these laws to counter Jim Crow laws and other practices, particularly common in Southern states, that disenfranchised Black Americans. That being said, most aspects of the voter intimidation provisions are broadly applicable and not limited to intimidation based on racial discrimination.

The first voter intimidation law was contained within the Civil Rights Act of 1957. This law gives the Attorney General of the United States some enforcement authority, but it does not include specific criminal penalties for voter intimidation. In 1960, Congress passed another Civil Rights Act that strengthened provisions of the 1957 Act.

In 1965, Congress specifically addressed elections and voting with the Voting Rights Act. This act secured stronger protections against voter intimidation, including specific criminal penalties. While additional laws and amendments have been adopted in subsequent years, the Voting Rights Act remains the strongest federal law protecting against voter intimidation.

The Role of Poll Watchers: What They Can and Cannot Do Legally

Poll watchers are an important part of the election process in many states, helping build public confidence that elections are conducted fairly.

Poll watchers are members of the public, not election workers, who observe the voting process at polling places. They may be partisan or nonpartisan. In some jurisdictions, there is a subcategory of poll watchers called challengers who may be allowed to formally challenge people’s eligibility to vote.

States that allow poll watchers have specific requirements designed to ensure poll watchers do not cross the line into voter intimidation. Depending on the state, these may include:

• Mandatory training and certification for poll watchers
• Limits on the number of poll watchers per polling place
• Provisions preventing poll watchers from observing voting and/or voters’ personal identifying information
• Requirements that challenges be made in writing
• Other limits on how poll watchers can interact with voters and poll workers

Election observers and challengers who violate these laws may be ejected from a polling place or even arrested.

Electioneering Zones: State Laws on Campaigning Near Polling Places

Another practice that can lead to voter intimidation is electioneering at or near polling sites on Election Day.

While allowing people to exercise their freedom of speech by campaigning for their chosen candidates is an important part of electoral democracy, most states place limits on electioneering in the immediate vicinity of polling places.

Depending on the state, these may include restrictions on:

• Placement of signs, banners, and literature
• The wearing of campaign apparel, buttons, or stickers
• Actively seeking to influence other voters in the polling place or in the line to vote
• Circulating petitions for signatures from voters

In states where some forms of electioneering are permitted, there may still be general provisions that prevent any campaigning from crossing the line into voter intimidation or obstruction of people’s entry into the polling place.

State-by-State Electioneering Zones and Restrictions

The table below summarizes each state’s electioneering zone distances and prohibited activities in that zone.

Find contact information for reporting electioneering violations in your state or reach out to a local civil rights lawyer.

Legal Rights for Voters Facing Language or Disability Barriers

Voter intimidation can also target voters who exercise their rights to language and/or disability accommodations at the polls.

Under the Voting Rights Act, when enough people in a given jurisdiction speak a minority language, voting materials must be provided in that language. Under the Voting Accessibility for the Elderly and Handicapped Act, voters with disabilities must have access to polling places, and poll workers may be required to allow them to bring someone into the voting booth to assist them.

People who disagree with these laws, or who misinterpret voters exercising these rights as evidence of voter fraud, may attempt to threaten or coerce voters and election officials enacting these rights. This would constitute voter intimidation under the laws cited above.

How To Report a Voting Rights Violation

You can report potential violations of federal election laws, including laws against voter intimidation, to the Federal Bureau of Investigation (FBI) and other agencies of the U.S. Department of Justice, such as the Civil Rights Division.

Violations specifically related to misinformation distributed on the Internet — such as false information about the election time and polling locations — can also be reported to the Center for Internet Security.

Voter intimidation can also be reported to state and local election officials and law enforcement, some of which may have specific hotlines for reporting voting issues. The Election Assistance Commission recommends that anyone reporting violence, threats of violence, or intimidation at a polling place call 911 first to involve local authorities.

You can also reach out to a civil rights lawyer in your area for legal guidance.