Comment A federal judge has ordered a group that monitors Arizona polls for signs of fraud to stay at least 75 feet away from polls and publicly correct false statements its members made about Arizona election laws. The sweeping order from U.S. District Judge Michael Liburdi dramatically limits what Clean Elections USA or its allies can do or say near the polls. The ruling prevents drop-box observers from taking photos or videos of voters and using the footage to spread unsubstantiated allegations of voter fraud. Clean Elections USA has been among the groups echoing former President Donald Trump’s baseless claims of fraud in the 2020 presidential election. The order, which imposes temporary restrictions, also requires the group to post statements online about the rules regarding drop boxes and prohibits it from making future false statements about Arizona election law. Pinny Sheoran, the president of the League of Women Voters of Arizona, a plaintiff in a lawsuit against Clean Elections USA, called the decision “a victory for Arizona voters who have the right to vote without intimidation, threats, or coercion.” Clean Elections USA agreed with parts of the order but disputed others. An attorney representing the group and its founder said the group is likely to appeal on First Amendment grounds. Sheoran’s group and other voting rights advocates filed two lawsuits against Clean Elections USA. the suits were subsequently merged. Liburdi said he aimed to strike a balance between protecting the group’s First Amendment rights and the federal law that prohibits voter intimidation. Liburdi is long-standing member of the Federalist Society, a conservative legal group that believes the state should impose limited restrictions on individual liberties and strictly align with the US Constitution. He declined last week in a related case to bar groups from monitoring drop boxes. He said he hadn’t heard enough evidence in that case that the actions of Clean Elections USA members posed a “real threat” to voters and concluded he could not “create an order without violating the First Amendment.” This decision is subject to appeal. The judge decided to grant the temporary restraining order in that case after hearing testimony Tuesday from a man who said he and his wife were harassed when they put their ballots in a drop box last month in Mesa, a city east of Phoenix. . The man, who testified anonymously for fear of harassment, said his wife was “terrified” when the couple went to drop off their ballots to find up to 10 election observers with cameras waiting by the drop box. He told the court that someone approached him and said: “We’re chasing mules” – a reference to the discredited film 2000 Mules, which Claims ballots were filled with fake ballots during the 2020 election. Clean Elections USA founder Melody Jennings later posted the man’s photo online, suggesting his behavior at the polls was suspicious. Liburdi said the evidence presented at the hearing was “much stronger” and justified “this narrowly tailored form of relief.” On Monday, the Justice Department filed a “statement of interest” in the case in which it argued that monitoring the polls could amount to illegal voter intimidation. The Justice Department says the ballot tracking in Ariz is likely illegal In Tuesday’s election, Arizona is once again a battleground state – one of several states expected to decide the close contest for control of Congress, along with crucial state-level offices with power over the election administration. Ahead of Election Day, state election officials say they have received complaints of intimidating or threatening behavior at the polls. Ballot boxes are locked containers where voters can deposit their postal ballots, usually open 24 hours a day. They are an alternative for voters who don’t want to mail their ballots or don’t have the time to do so. Trump and his supporters have made drop boxes the focus of baseless claims that they were used in a large-scale scheme to cast fraudulent ballots during the 2020 presidential election. The battle for control of the Senate is characterized by volatility as the midterms approach Tuesday’s order extends to voters using ballot boxes some of the same protections typically provided at polling places. Clean Elections USA members have agreed to refrain from openly carrying firearms or wearing body armor within 250 feet of any ballot box. approaches within 75 feet of the polls or the entrance to buildings where the polls are located; and intentionally follows persons known to be dropping off ballots, or shouts or speaks to persons within 75 feet of a poll, unless talk to them or call them first. The group and Jennings, its leader, also agreed to state publicly online and during Election Day that Arizona law allows people to leave multiple ballots in certain circumstances — correcting false statements to the contrary made by Jennings in a public forum. Liburdi’s order also prevents the group and its associates from videotaping or taking photos of anyone within 75 feet of a polling booth or posting information online about anyone alleging voter fraud “based only on the fact that they have filed multiple ballots in a ballot box. .” It orders Clean Elections USA to “cease and desist from making false statements” about the Arizona statute covering ballot tampering until “the polls close” on Nov. 8. Alleged voter intimidation in Arizona has officials on alert The group challenged restrictions on making false claims about Arizona law and individual claims of voter fraud, as well as photographing or videotaping voters. Alexander Kolodin, an attorney for Clean Elections USA and Jennings, said those restrictions violated his client’s First Amendment right to free speech. “We’re very happy that the court didn’t shut down drop box monitoring,” Kolodin said, according to the Arizona Republic. “What we can’t have is the 75-foot shooting limit. This is a huge First Amendment problem.” The Justice Department said in its filing Monday that “videotaping or photographing voters during the voting process has long been recognized as raising particularly strong concerns.” The Washington Post previously obtained copies of complaints filed with Arizona law enforcement that show these election monitoring methods can spark voter intimidation complaints. “I dropped off my ballot at the Maricopa County Recorders office and there were two guys videoing everyone as they walked by,” one voter wrote in a submission about the experience while voting in downtown Phoenix. “While this may not be illegal, it is very uncomfortable and intimidating.” Surveillance video obtained by The Post shows a man who appears to be interacting with someone off camera after he deposited his ballot in a ballot box on Oct. 17. (Video: The Washington Post) Amy Gardner, Tom Hamburger and Yvonne Wingett Sanchez contributed to this report.
