The right to vote is a vital to our democracy. No person should be permitted to engage without sanction in conduct that threatens that right.
Virginia has a “hard line” prohibited zone that extends 40 feet from the entrance to the polling place. In that prohibited zone, it is a violation of state law to loiter, congregate, hand out election materials, attempt to influence someone’s vote, or hinder or delay a voter seeking to enter the polling place. The goal of this law and the zone of protection it establishes is to ensure that no voter is intimidated or harassed while voting or attempting to vote.
In many cases, these prohibited zones extend onto public sidewalks normally considered an open forum for free expression. In such cases, there are two important rights to be balanced: the right of voters to enter and leave the polls free from harassment, intimidation, or threatened or actual violence; and the right of peaceful protestors or advocates to express their views regarding the individuals and ballot measures on which people will be voting.
Any fixed “prohibited zone” in which speech is prohibited challenges the First Amendment. At the same time, however, it is important not to underestimate the importance of protecting voters from active intimidation and the proven difficulty of doing so by enforcing the law after a violation has occurred.
In the current climate, it is more important than ever for police and prosecutors to enforce Virginia laws that prohibit conduct, including bribery, intimidation and harassment, that is meant to influence a voter either to vote a certain way or not to vote, and to investigate and prosecute vigorously any violation of the law expressly prohibiting any conspiracy to “injure, oppress, threaten, intimidate, prevent, or hinder any citizen of this Commonwealth in the free exercise or enjoyment of [the right to vote] or …. because of his having so exercised [that right].”
Registrars and electoral boards must be vigilant and ready to engage law enforcement to intercede quickly if it is clear that individuals are engaged in an active conspiracy to intimidate voters or in conduct that is intended to do so.
Here’s what voter intimidation can look like:
- Aggressive challenges to voters about their eligibility to vote, particularly when directed only at people of one race or ethnicity
- Aggressive questioning of voter qualifications, particularly when directed only at people of one race or ethnicity
- Falsely presenting oneself as an election official; providing false information about voting, including about voter ID requirements
- Physical confrontations with people seeking to enter the polling place
If you observe such behavior at the polls on election day or any other conduct that you feel is hindering someone in entering a polling place, please call our election day hotline at 804-644-8080.
We’ll be here as always - stalwart guardians of liberty and defenders of your fundamental right to vote.
RELEVANT VIRGINIA STATUTES
- 24.2-604. Prohibited activities at polls; notice of prohibited area; electioneering; presence of representatives of parties or candidates; simulated elections; observers; news media; penalties.
During the times the polls are open and ballots are being counted, it shall be unlawful for any person (i) to loiter or congregate within 40 feet of any entrance of any polling place; (ii) within such distance to give, tender, or exhibit any ballot, ticket, or other campaign material to any person or to solicit or in any manner attempt to influence any person in casting his vote; or (iii) to hinder or delay a qualified voter in entering or leaving a polling place.
- 24.2-607. Prohibited conduct; intimidation of voters; disturbance of election; how prevented; penalties.
- It shall be unlawful for any person to hinder, intimidate, or interfere with any qualified voter so as to prevent the voter from casting a secret ballot. The officers of election may order a person violating this subsection to cease such action. If such person does not promptly desist, the officers of election, or a majority of them, may order the arrest of such person by any person authorized by law to make arrests, and, by their warrant, may commit him to the county or city jail, as the case may be, for a period not exceeding twenty-four hours. Any person violating this subsection shall be guilty of a Class 1 misdemeanor.
- No person shall conduct himself in a noisy or riotous manner at or about the polls so as to disturb the election or insult or abuse an officer of election. Any person authorized to make arrests may forthwith arrest a person engaging in such conduct and bring him before the officers of the election, and they, by their warrant, may commit him to the county or city jail, as the case may be, for a period not exceeding twenty-four hours; but they shall permit him to vote if he is so entitled. …
- It shall be unlawful for any authorized representative, voter, or any other person in the room to (i) hinder or delay a qualified voter; (ii) give, tender, or exhibit any ballot, ticket, or other campaign material to any person; (iii) solicit or in any manner attempt to influence any person in casting his vote; (iv) hinder or delay any officer of election; (v) be in a position to see the marked ballot of any other voter; or (vi) otherwise impede the orderly conduct of the election.
- 24.2-1005. Bribery, intimidation, etc., of person receiving ballot.
Any person who (i) by threats, bribery, or other means in violation of the election laws, attempts to influence any person in giving his vote or ballot or by such means attempts to deter him from voting; (ii) furnishes a ballot to a person who he knows cannot understand the language in which the ballot is printed and misinforms him as to the content of the ballot with an intent to deceive him and induce him to vote contrary to his desire; or (iii) changes a ballot of a person to prevent the person from voting as he desired, shall be guilty of a Class 1 misdemeanor. This section applies to any election and to any method used by a political party for selection of its nominees and for selection of delegates to its conventions and meetings.
- 24.2-1015. Conspiracy against rights of citizens under this title.
If two or more persons conspire to injure, oppress, threaten, intimidate, prevent, or hinder any citizen of this Commonwealth in the free exercise or enjoyment of any right or privilege secured to him by the provisions of this title, or because of his having so exercised such right, they shall be guilty of a Class 5 felony.
