Bullies at the Ballot Box - Demos

tampering with a voter’s ballot, providing inducements
to voters, creating a breach of the peace, preventing
one’s employees from voting, or otherwise interfering
or attempting to interfere with any voter inside a
polling place. 362
nevaDa
Nevada law prohibits the use or threat of use of
“force, intimidation, coercion, violence, restrain or
undue influence” in connection with any election. 363
And as described above, it is unlawful for members
of the general public to photograph or record people
who are in the process of voting. 364 It is a felony under
Nevada law to interfere with the conduct of an election
or otherwise remove, receive, or display any ballot
that has been prepared by a voter before the polls are
closed. 365
new hamPshire
New Hampshire law makes it unlawful to “use or
threaten force, violence, or any tactic of coercion
or intimidation to knowingly induce or compel any
other person to vote or refrain from voting, vote or
refrain from voting for any particular candidate or
ballot measure, or refrain from registering to vote.” 366
New Hampshire also makes it a misdemeanor for
individuals to knowingly interfere or attempt to
interfere with a voter in the space within the guardrail.
This prohibition includes any effort to induce a voter
to show how he marks or has marked his ballot before
he or she has voted. 367
north Carolina
North Carolina law is strong. First, it makes it illegal
for any person to interfere with or attempt to interfere
with any voter when inside the voting enclosure or
when marking his ballots. 368 One possible shortcoming
with this law is that it relies on narrow definitions
of “voting place” and “voting enclosure.” 369 North
Carolina law does, however, specify that each county
board of elections must specify a “buffer zone” around
the polling place where it is prohibited to hinder or
harass voters and where no electioneering activities
may occur. 370 The buffer zone may not be more than
50 feet or less than 25 feet from the entrance of the
trouBle in
north Carolina:
The Need for Enforcement
Examples of voter intimidation in North Carolina
illustrate the importance of these strong statutes. For
example, in 2008 supporters of Barack Obama were
heckled and harassed at an early voting center in
Fayetteville, North Carolina by a group of protesters as
they went in to vote. 375 Others report that protesters from
both sides escalated this matter into a shouting match,
although there were no reports of physical violence. 376
One journalist noted that nearly all of the early voters
were black and that nearly all of the protesters were
white. 377 Harassment of this sort must be addressed,
as it is likely to intimidate and possibly disenfranchise
voters. North Carolina law enforcement has the tools
to stop this voter intimidation, but they must be used to
protect voters. n
polling place. 371 This is a commendable statute and one
that other states should consider adopting. Further,
North Carolina requires the chief judge and judges of
election to “enforce peace and good order in and about
the place of registration and voting,” including keeping
“open and unobstructed the place at which voters or
persons seeking to register or vote have access to the
place of registration and voting.” 372 North Carolina
officials interpret “in and about” very broadly. 373
These officials are charged with “prevent[ing] and
stop[ping] improper practices and attempts to obstruct,
intimidate, or interfere with any person in registering
or voting.” 374
ohio
Ohio law makes it illegal for any person to “attempt
by intimidation, coercion, or other unlawful means to
induce such delegate or elector to register or refrain
from registering or to vote or refrain from voting at
a primary, convention, or election for a particular
person, question, or issue.” 378 It is also prohibited
under Ohio law to remove or deface property that
September 2012 | Bullies at the Ballot Box • 29