Voter Intimidation Is Real. Here's What You Can Do About It

Voter intimidation can be as subtle as staring at someone because they come from a specific ethnic group or questioning their citizenship status to pretending to be an official poll worker, attempting to block someone’s entrance into the polling place and — in this time of COVID — crowding others without wearing a protective mask. It can also emerge long before election day, in policies that marginalize specific groups of voters.

“Having to drive long distances to vote past a gauntlet of hostile signs, such as giant Confederate flags displaying a candidate’s slogan, is also voter suppression,” Duke history professor Gunther Peck said.

“Because suppressing the votes of millions of people is hard, the strategy is to scare people into thinking they should stay home or not vote at all.”
-- Gunther Peck

As a member of several groups working to preserve voter access this election cycle, Peck has studied the effect these actions can have. “Voter intimidation is often theatrical,” he said. “People are looking for spectacles that imply they have the ability to hurt you, in much the same way bullies act. Because suppressing the votes of millions of people is hard, the strategy is to scare people into thinking they should stay home or not vote at all.

“This is more likely to work in rural counties such as those in Eastern North Carolina. But whether subtle or overt, these different techniques all have the same goal: discouraging people from voting.”

Sometimes, Peck said, this strategy can backfire — though not nearly often enough. He cites the reaction of voters who take advantage of a free bus service run between Durham’s main downtown bus station to the closest early voting sites as proof.

“We're seeing acute anxiety in many riders that their vote will not be counted. Fears about the COVID 19 virus have collided with the political virus of white supremacy and fears about mail-in ballots, creating a sense of urgency that is driving people to vote.”

So far, there have been fewer reports of direct voter suppression in North Carolina than feared a few months ago — and those have been isolated rather than organized.

LAWS THAT PROTECT THE VOTE

Both state and federal laws specify the right of every voter to vote in a manner “free from discrimination based on race, ethnicity, national origin, language competency, physical disability or religion.” Individuals who violate the rights of others to vote in this manner face prison time, a fine or both. Additional laws govern specific behaviors. For example:  

• Electioneering is prohibited inside a buffer zone of 50 feet from the entrance to the polling place. This prohibition includes official poll observers, candidates and their advocates. 
• Because some voters find the presence of police intimidating, North Carolina does not currently allow law enforcement officials to be stationed at polling places. Instead, polling officials are trained to respond immediately to any behavior that disrupts the peace and order of the polling place.
• Special rules apply this year regarding health protocols. But voters, while being encouraged to wear masks, are not required to do so. If you have a medical condition that puts you at higher risk for COVID-19, you are eligible for curbside voting. However, you are not eligible simply because you do not want to wear a mask.
• The precinct’s chief judge or one-stop site manager has the ultimate authority to impose order if voters’ rights or safety is threatened.

RESTRICTIONS ON POLL OBSERVERS

Political parties have the right to appoint official poll observers at each voting site. However, these observers must meet requirements outlined in state statute and follow specific rules to prevent them from being used as intimidation tools. For example, they:

• May watch, take notes and raise objections with election officials — but may not communicate directly with or assist voters;
• Cannot enter the voting booth area or join curbside voters in their vehicles;
• Are prohibited from wearing or distributing campaign materials;
• May not attempt to view confidential voter information such as completed ballots;
• Are required to wear masks inside the voting enclosure and abide by all social distancing requirements and other health protocols; and
• Cannot disrupt the voting process in anyway.

Finally, while anyone has the right to monitor the voting process taking place outside the buffer zone — so long as they do not engage in voter intimidation — it is illegal to falsely represent yourself as an official poll observer, precinct worker or security force.

HOW YOU CAN HELP

The best thing you can do to combat voter intimidation is to remain calm and courteous toward everyone at the polling place, whether you agree with their political views or not. “We want to preserve the peacefulness of voting. Don't escalate the fear of violence through hostility,” Peck said.

If necessary, Peck said, you should report voter intimidation to election officials when you see it. Unless you are a poll worker, you should make no attempt to stop voter intimidation other than to de-escalate the situation.

If the chief judge is not responsive to your concerns, contact the sheriff's office or another law enforcement agency until your concerns are addressed.

Finally, if precinct staff fails to address voter intimidation problems adequately, you can call the North Carolina State Board of Elections at (919) 814-0700 to report them.

FOR MORE ASSISTANCE

If you, or anyone else you know, needs further assistance about your voting rights or intimidation remedies, the following nonpartisan hotlines can help:

• Report misinformation that seems aimed at confusing voters by calling the toll-free NC Election Protection hotline at 888-OUR-VOTE (888-687-8683).
• If you have a problem voting on election day, call the national Election Protection Hotline at 866-OUR-VOTE (866-687-8683) or call the NC Hotline at 888-OUR-VOTE.
• Call 888-Ve-Y-VOTA (888-839-8682) for bilingual English and Spanish assistance.
• Call 888-API-VOTE (888-274-8683) for assistance in English, Mandarin, Cantonese, Korean, Vietnamese, Tagalog, Urdu, Hindi, and Bengali/Bangla. 
• Call 1-844-YALLA-US (844-925-5287) for assistance in English and Arabic.