Don’t worry too much about voter intimidation, but know what to do if you experience it

Don’t worry too much about someone trying to intimidate you at the polls. Focus on voting.

It’s not hard to find people in the media wringing their hands over the possibility of widespread voter intimidation on Tuesday. More people will be out in public showing their colors tomorrow than in any election in recent memory, and some of those people will probably cross the line between supporting their candidate and harassing the other side.

A recent survey from the nonprofit National Police Foundation found that 43% of Americans were concerned about encountering interference at the polls.

There’s nothing wrong with being aware of those things, but also know that the law is on your side and there are things you can do in the event you feel harassed.

Rules in place

“I think it’s important for people to understand that there are rules that greatly structure what happens at a polling place,” says Sarah Brannon, managing editor of the ACLU’s Voting Rights Project.

In most states, for example, it’s illegal to block a voter’s route to a polling place. Brannon says polling places have an “electioneering line” outside the polling location that puts 50 or 75 feet of distance (depending on the state) between people going in to vote and people who might be there showing support for their candidate.

It’s illegal to be inside a polling place unless you’re a poll worker, a voter, or a poll watcher or “challenger,” Brannon says. A challenger is a party-affiliated poll observer who can contest the eligibility of a voter or the viability of absentee ballots. But in most states only one challenger per candidate is allowed in the polling station. And these challengers aren’t allowed to talk directly to the voter but rather must report any objection they have to a poll worker.

Brannon says the ACLU is aware of a few incidents of alleged intimidation during early voting, but nothing serious, and for the most part they were quickly resolved. She says she’s seen a handful of cases where Trump supporters tried to block the path to a polling place during early voting. She knows of one incident where Trump supporters surrounded Biden supporters in a parking lot. In one case Trump supporters blocked the entrance to a parking lot outside a polling place, but the problem was quickly resolved.

Tuesday, things could get more serious.

Guns at the polling place

One of the main worries is the presence of so-called militia groups. In some states, such as Ohio and Michigan, these people are allowed to carry weapons. One militia group held an event near Tuscarawas County, Ohio’s single early-voting location, and many of the participants displayed sidearms, The Washington Post reported. A group called the Oath Keepers, which reportedly has recruited thousands of ex-military and law enforcement people, plans to be present at polling places in Texas.

Facebook has a policy against militia groups, but as of Friday at least one, and very likely others, were using the platform to actively organize volunteers to show up, armed, at polling stations on Election Day.

But there are limits to that, even in open-carry states.

“If you are a militia, and you’re at a polling place, a gun is not going to be legal on the property if it’s a school or a church, and many polling places are,” Brannon says. In addition, in most places it’s illegal to “brandish” a gun or position it in a threatening manner.

Still, only a dozen states—including California, Arizona, Georgia, and Florida—have laws specifically prohibiting guns at polling places.

What to do

The ACLU advises people not to engage with aggressive supporters in any way at the polling place. Don’t talk to them. Don’t take out your phone and film them.

“If a voter is at the polling place and feels intimidated, they should first speak to the poll worker and explain why they feel intimidated,” Brannon says. “The poll worker will know what the laws of the state are.”

They should also call the Election Protection Coalition at 866-OUR-VOTE to report the incident. The ECP is a nonpartisan coalition of more than a hundred legal rights and advocacy groups dedicated to helping people vote.

Some law enforcement agencies have already announced that they will be present at some polling places. For instance, police officers will be present during voting hours at city hall in Kenosha, Wisconsin, where an armed vigilante killed two people during political unrest earlier this year.

But states and cities have varying policies. Police will be present at polls in Minneapolis. “Sergeants -at-arms” will be present at polls in Houston. Police will be out in force on Election Day in Chicago, Detroit, and Los Angeles, but will not be present at polling places. Some voters and especially voters of color may view the police themselves as intimidating, and a reason not to go to the polls.

Caravans, drive-bys

Trump supporters in a number of states have also been using Facebook to organize “caravans” of trucks waving signs. One such caravan was caught on video attempting to force a Biden campaign bus off the road in Texas between San Antonio and Austin on Friday. Another such caravan congested traffic on at least two major roadways in New Jersey and New York. Both states are Democratic strongholds.

These caravans will likely be mobilized in a number of swing states on Tuesday, and some of them will be doing drive-bys near polling places, Brannon says. There’s nothing illegal about that; they’re exercising their First Amendment right. The problems start when such caravans start to impede the right of others to vote.

The insidious thing about voter intimidation is that even the rumor of it can keep people away from the polls. That’s why it’s especially important for public officials and organizations such as the ACLU to assure people that it’s safe.

Casting your ballot is a far more powerful statement than anything you might say outside a polling place. So feel confident, keep your head down, take the shortest route to the booth, and vote.