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VOTING RIGHTS

Here's what to do if you're intimidated or turned away at the polls

By AJ Willingham and Zachary B. Wolf, CNNDesign by India Hayes, CNN

Updated 2:48 PM ET, Thu October 1, 2020 (CNN)

Here's a scary idea: Even if you have the legal right to vote and have done everything to prepare yourself for casting a ballot this year, you could still be intimidated at the polls.

But here's the key thing to know: Under federal law, you should always be able to cast what's known as a provisional ballot, even if your registration status is not clear.

That's right. The federal government requires that a person whose registration is challenged be able to cast a ballot that can be counted once the voter's eligibility is established. That doesn't mean voting will be easy. If you're voting at the polls early or on Election Day, you still might have to brave long lines, pass by campaign activists or face challenges from credentialed poll watchers.

President Donald Trump has encouraged his supporters to monitor polling places on his behalf as he spreads unfounded conspiracy theories about voter fraud, amplifying concerns that legitimate voters will be challenged on their way into polling places -- even though most states have strict rules about who can serve as a poll watcher and how many there can be.

In some places, it is getting harder to vote

In recent years, many US states have implemented laws that impose new restrictions on voting, which critics say disproportionately affect minority voters. 

The stricter laws stem from a 2013 Supreme Court decision that struck down parts of the 1965 Voting Rights Act, which required the approval of the Justice Department before states made any changes to their voting laws.

At least 23 states have placed restrictions on voting by closing polling places, cutting early voting, purging allegedly ineligible voters from electoral rolls and imposing stricter voter ID laws, according to a 2018 report by the federal Commission on Civil Rights.

And in 2020, 35 states will request or require photo ID from voters, according to the National Conference of State Legislatures.

With early voting already underway, it can be a tricky situation for thousands who are just looking to legally exercise their civic right as American citizens.

But no matter what unexpected issues you encounter at your polling place, there are ways to make sure your vote gets in safely. Here are some tips.

Know your state's registration deadline

First, it's time to confirm the basics: Your registration status and your polling location.

If you're not registered, you should check your state's registration deadline requirement ASAP. Some states allow for Election Day registration.

The important thing is to educate yourself about the rules in your state and for your specific polling place. CNN's Voter Guide, which has information on every state, is a good place to start.

Update your information

Some states will use signature verification to confirm mail-in or provisional ballots. They'll look at the signature on a mailed in ballot and compare it to the signature the state has on file.

The verification of these signatures on absentee ballots could turn into a contentious issue in close races.

Check to see if you need an ID, and what kind

Did you know that not all states require an ID to vote? Again, just 35 request or require some form of identification, while the rest use methods like a signature. States have different laws on whether you need your ID with you or what kind of ID it should be, so be sure to look it up.

Even if your state doesn't require an ID to vote, it's best to bring one if you have one. Being over-prepared is just another layer of protection against voter suppression.

And if you don't have a driver's license, there's usually another valid form of ID -- passport or other government-issued ID -- or a utility bill.

Remember that, most likely, you are legally allowed to cast a ballot

What if you are told your registration didn't go through, or you don't have the required documents? Even if your registration is pending or your voter application has been wrongly purged, you are still allowed to vote.

According to the ACLU, if your qualifications are challenged, some states will have you sign a sworn statement that you satisfy your state's requirements and allow you to cast a regular ballot.

"If an individual declares that such individual is a registered voter in the jurisdiction in which the individual desires to vote and that the individual is eligible to vote in an election for Federal office, but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote, such individual shall be permitted to cast a provisional ballot..."  §15482, CHAPTER 146, TITLE 42 OF THE 2009 UNITED STATES CODE

If you did forget your ID at home or have been removed from the registration system and none of the other options are available, you can cast a provisional ballot -- a right all voters are entitled to by federal law.

However, you're going to need to be your biggest advocate when it comes to provisional ballots: These ballots are typically kept separately from all other ballots, so make sure to follow up with your local elected officials to confirm they have looked into your qualifications and have counted the vote. Often, you might have to prove your identity in the days following Election Day to have that provisional ballot counted.

When all else fails, insist

Speaking of being your biggest advocate, this is why doing your homework and arming yourself with legal knowledge is absolutely necessary. If you feel you are being illegally prevented from voting, you need to insist.

It could be a misunderstanding. Remember, poll workers may not be as as familiar with state and federal law and try to deny you your right to vote if your name is not in the system. Ask them to check surrounding registration systems for your name and insist on your right to sign an affidavit or cast a provisional ballot.

If you're aggressively being questioned about your right to cast a vote, you can calmly and clearly state you are exercising your legal right to vote. Report the behavior to other poll workers and peacefully communicate your intent. You should also report such incidents to election hotlines or local and state officials as voter intimidation.

You have a few options, including calling a state or local election hotline to report any problems you're having with the voting process.

One more thing: you don't have to go alone

Here's something else you may not know: Any residents who can't see well, have a disability, or have trouble reading or writing or understanding English can bring someone with them to the polls. This can be a friend or relative, but can't be a boss or labor union representative.

Here's the bottom line: If you know your rights, know the law, do your homework and stand your ground, no one will be able to take away your vote.

https://www.cnn.com/2020/10/01/politics/election-what-to-do-if-turned-away-at-poll-trnd/index.html

Georgetown created fact sheets on illegal militias at the polls and what to do if you spot them by Scottie Andrew

Georgetown created fact sheets on illegal militias at the polls and what to do if you spot them

By Scottie Andrew, CNN
Updated 1:50 PM ET, Tue October 6, 2020

It's illegal in all 50 states to engage in militia activity. Still, militia members will almost certainly appear at some polling places this election cycle.

To prepare voters for potential voter intimidation, Georgetown University Law Center created fact sheets for all 50 states on illegal militias and what to do if voters encounter them.

A private militia engages in law enforcement activities without authorization by state or federal officials. Their members are often armed and wearing uniforms or identifying insignias, and they often believe they have legal authority to protect property or control crowds.

But no private militia has that authority. Every state bans unauthorized militias from taking on the activities of law enforcement.

So, Georgetown Law's Institute for Constitutional Advocacy and Protection, along with several pro bono law firms, created state-specific fact sheets about militias and the state statutes that ban their activities.

Voter intimidation is more than likely this election

The threat of voter intimidation is high this election. The US has already seen private militias deploy themselves this year, most notably at protests against racism, often inciting violence and intimidating protesters.

It's also the first election since the expiration of a 1982 consent decree put in place to prevent Republicans from engaging in voter intimidation schemes. And President Donald Trump has repeatedly nudged his supporters to appear at voting locations to "watch very carefully," spouting unproven theories even as his own FBI director has denied evidence of widespread voter fraud.

For those reasons, "communities must prepare for similar unlawful private militia activity and intimidation in connection with the election," said Mary McCord, legal director of Georgetown Law's Institute for Constitutional Advocacy and Protection and a former acting assistant attorney general for national security at the Department of Justice.

Contemporary militias are illegal

The Constitution -- a document created in the 18th century, when colonial militias were operated by states -- uses the word "militia" to refer to "all able-bodied residents between certain ages who may be called forth by the government when there is a specific need," according to Georgetown Law.

That definition of "militia" has changed. Now, an "organized militia" may refer to the National Guard or National Reserve. Some states operate state defense forces legally.

But it's illegal for private citizens to "activate themselves" for militia duty. Private militias also aren't protected by the Second Amendment, according to Georgetown Law.

What to do if voters see armed people at the polls

If voters spot armed groups near a polling place, they should first document what they see, according to the fact sheets.

Voters should take stock of what the group is doing, what type of firearm members might be carrying, if they're wearing an insignia that might identify which group they belong to and if they're speaking to people or threatening violence.

Georgetown Law advises voters to report that they see to the Election Protection helpline, a nonpartisan coalition for voting equity, at 866-OUR-VOTE.

Link to original article:
https://www.cnn.com/2020/10/06/us/georgetown-militias-voter-intimidation-fact-sheets-trnd/index.html