The Justice Department on Monday stepped into an election lawsuit in Arizona, where several citizen groups have accused right-wing activists of intimidating voters at the polls.
The allegations “raise serious concerns about voter intimidation,” the Justice Department wrote, adding that “vigilant ballot security efforts” and “private videotape voter campaigns” likely violate the federal Voting Rights Act.
“Citizen-led election monitoring activities are more likely to place voters in reasonable fear of harassment, intimidation, coercion, or interference with their voting rights,” the DOJ added.
The department did not take an official position on what the judge should do.
The lawsuit pits the League of Women Voters against several right-wing groups that have promoted false claims of voter fraud and the 2020 election. The group accused the groups of sending vigilante poll watchers, including some with guns and wearing tactical gear, to videotape and intimidate voters at the drop boxes.
In a related case brought by separate groups, a federal judge refused to issue a court order barring right-wing activists from gathering near drop boxes or photographing voters near drop boxes. District Judge Michael Liburdi, who is overseeing both cases, said there are reasonable concerns about the conduct, but there is not enough evidence at this stage to limit anyone’s First Amendment rights.
The League of Women Voters is still pushing for a court order specifically barring, among other things, armed vigilantes from congregating near drop boxes. A hearing is scheduled for Tuesday.
Representatives from the right-wing groups involved in the case – the Yavapai County Preparedness Team, Clean Elections USA and the Lions of Liberty – did not comment on CNN’s previous coverage of the lawsuit. A lawyer for Clean Elections disputed the allegations made in the earlier case at a hearing last week, and their website says their goal is to ensure that “every legal vote must be counted” and to ensure that “illegal votes or mixing.”
The Justice Department’s filing dovetailed with some of the arguments made by the League of Women Voters, specifically arguing that there are no constitutional protections for election vigilance.
“Just as a citizen’s refusal to pay taxes does not become protected speech because he is trying to express his disapproval of the IRS, neither does photographing a voter’s license plate become protected speech whenever the photographer seeks to express his disapproval of the voting. the Justice Department said.
The Justice Department further bolstered the citizen groups’ arguments by saying in a filing Monday that the First Amendment right to assembly does not allow people to gather for the purpose of coercing voters.
Last week, Attorney General Merrick Garland spoke out, saying the Justice Department “will not allow voters to be intimidated” during the midterm elections.
