A federal judge in Arizona has imposed new restrictions against a right-wing group after voter complaints about aggressive polling patrols in the state.
The judge barred members of the group, Clean Elections USA, from openly carrying weapons or wearing body armor within 250 feet of the drop boxes. The judge also prohibited members from talking or yelling at voters dropping off their ballots. Additionally, the group is prohibited under the order from photographing or filming any voters in the drop boxes or posting similar images online – which they have been doing for the past few weeks.
The ruling is a partial victory for civic and liberal groups that sued Clean Elections USA, which falsely claimed the 2020 election was rigged, and claims its stakes are necessary to prevent mass voter fraud in the midterms. 2022 elections.
The decision comes at a time of growing concerns about violence at the polls.
Federal Judge Michael Liburdi, a Trump appointee, convened a lengthy hearing Tuesday in which at least one voter testified who described harassment he and his wife faced while voting at a Mesa poll.
The parties to the lawsuit agreed to some of the terms that resulted in the Limbourdis order. But on some key provisions, specifically on videotaping and voter solicitation, Liburdi imposed limits against Clean Elections USA that its lawyers argued were unnecessary.
Right-wing activists claim their only goal is to legally prevent fraudulent voting.
The judge issued his ruling just four days after ruling against a related case, refusing on Friday to issue an injunction restricting drop box betting. At the time, Liburdi said there was not enough evidence to limit the group’s First Amendment right to free assembly.
Between the two decisions, the Justice Department weighed in on the case. In a legal brief filed Monday, federal prosecutors said the right-wing group’s “vigilant ballot security efforts” were likely illegal and “raise serious concerns of voter intimidation.” The Justice Department did not formally take sides, but its filing endorsed some of the legal theories advanced by the group that filed the suit, the League of Women Voters.
Liburdi said his ruling – a temporary restraining order – will expire in two weeks, meaning it covers the remainder of the election season. Election day is November 8.
An Arizona voter testified at a five-hour hearing Tuesday about his encounter with right-wing “bullies” at a polling booth, describing how they “scared” his wife by videotaping them and falsely accusing them of fraud.
The 51-year-old voter testified about his electoral experience on the evening of October 17. To protect his safety, his identity has not been released. However, the voter said he and his wife went to a drop box in Mesa and were immediately harassed by a group of people with cameras, who accused them of being “mules.” This phrase is popular in right-wing circles to describe people who cast illegal mail-in ballots.
The voter said his wife wanted to leave without voting because she was in “total shock”, was “terrified” and “convinced the people photographing us were there for ill will”.
He decided he would cast the votes while his wife stayed in the car. Almost immediately after he left, team members “asked if I was a mule,” he said. The voter said he responded by saying he wasn’t a “mule” and then made a “crude gesture” at them
The voter testified that the situation made him feel harassed and intimidated because “there were more of them than me” and there was an “implicit threat.” He also said he was “concerned” about bowing out.
The voter described how Clean Elections USA leader Melody Jennings posted a series of photos of him and his car on social media while he was voting and falsely accused him of being a “mule.”
“If I had to do it again and I knew people were down there with the intention of affecting me in any way, no, I wouldn’t do it again,” the man testified, referring to using the drop box to drop himself. . voting.
