Voter intimidation in Florida can result in up to five years in prison

Early voting has begun and Floridians are lining up to vote. More than 377,000 people voted on the first day of early voting, according to initial figures from the state Division of Elections.

There is a lot of interest in this contentious race, with strong emotions surrounding the candidates and some amendments on the ballot. People at polling stations may try to talk to you, hand you flyers, or even threaten you about your choices.

This is called voter intimidation. It is a third-degree felony in Florida, punishable by up to five years in prison and a fine of up to $5,000, and contrary to federal law.

Here’s what you need to know before you go to the polls.

What is voter intimidation?

Under Florida law, a person cannot “directly or indirectly use or threaten the use of force, violence, or intimidation or any tactic of coercion or intimidation to induce or coerce an individual ” has :

Vote or abstain from voting
Vote or abstain from voting for a particular person or ballot measure
Refrain from registering to vote
Refrain from acting as a legally authorized election official or poll observer

It is also illegal to knowingly use false information to challenge a person’s right to vote; attempt to encourage someone to vote, to register on the electoral roll, to become an election official or poll observer; or knowingly destroy, mutilate or deface a voter registration form or election ballot.

Federal law states that “(anyone) intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce any other person for the purpose of interfering with that other person’s right to vote or vote as he or she desires, or for causing such other person to vote or not to vote for, “any candidate (for federal office) shall be fined under this head or imprisoned for not more than one year, or both .”

What are some examples of voter intimidation?

Voter intimidation can take many forms, but the end result is the same: making you feel uncomfortable, uneasy, and anxious about voting. Here are some examples from the nonprofit watchdog group Campaign Legal Center:

Verbal or physical confrontation of voters
Physical intimidation: Standing or hovering near voters
Direct confrontation or interrogation of voters or ask voters for identification or proof of citizenship when they are not authorized to do so
Distribution of leaflets who threaten prison time or other punitive measures against people who vote
Occupy the parking lot of a polling place in such a way that voters could be prevented from entering.
Vandalism polling places
Use of police officers threaten or intimidate voters
Threats made by an employer implying that a person’s job, salary, or benefits may be at risk depending on how they vote

Each polling place must have a 150-foot “no-solicitation zone” in which no person, group or organization can approach you with the intent of influencing your vote, distributing campaign materials or materials, conducting polls (except at authorized polling places), asking to sign petitions or attempting to sell you anything.

What should I do if someone uses voter intimidation against me?

Don’t try to engage. Walk away if possible, ask to be left alone if not, and tell someone. You have a variety of options.

Call 911
Inform an election official on site
Notify law enforcement present at the polling place
Report it to the state, a state attorney, your local elections office, or call the Florida Voter Helpline at 1-866-308-6739.
Contact the local FBI office.

What is allowed at the polling station?

Election day officials are also prohibited from influencing anyone’s vote. Election officials, election inspectors and other staff are prohibited from:

Wear campaign buttons, shirts, hats or other political items
Discuss any candidate, political party, or related topics with other staff members
Have a visible written campaign or related materials

All photography of any kind, including from security cameras, is prohibited, although voters can take photos of their own ballot while in the voting booth.

Who can enter polling stations in Florida?

Only the following people are allowed to enter Florida polling locations:

The person there to vote
A dependent of this voter, such as a child or elderly person
A person who looks after the voter or helps them vote, in the case of an elderly voter or one who does not read English.
The county supervisor of elections or his or her deputy
Poll observers approved by the supervisor of elections
Election observers appointed by the Department of State
Law enforcement officers or authorized emergency services personnel

Spouses, parents, guardians, and others may not accompany you to a voting booth unless they are in your custody or you are in their custody as described above.

If the voting location is in a location that the public uses to travel to businesses or homes, there may be other people passing through the area, but election officials are required to ensure that they do not do not interfere with the voting process.

What are poll watchers?

Poll observers are people responsible for monitoring the voting process to ensure security and detect signs of voter fraud. They must be authorized by the Controller of Elections and must display an identification badge provided.

Poll observers cannot interact with voters or approach voting booths and cannot interfere with the “orderly conduct” of an election. Any questions should be directed to election staff. The following people may have a poll watcher in each polling room or early voting area:

A political party or candidate
A political committee formed for the express purpose of advocating the passage or defeat of a question on the ballot

Poll observers cannot be candidates or law enforcement officers.

Are guns allowed at polling places in Florida?

No. Under Florida law, no one can openly carry or carry a concealed weapon into a polling place.

The only exception, according to the state, would be a law enforcement officer who has been authorized to vote in the line of duty and is required to carry a weapon in the line of duty.

What is voter intimidation?

What are some examples of voter intimidation?

What should I do if someone uses voter intimidation against me?

What is allowed at the polling station?

Who can enter polling stations in Florida?

What are poll watchers?

Are guns allowed at polling places in Florida?

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