‘We’re watching you’: incidents of voter intimidation rise as midterm elections near

https://www.theguardian.com/us-news/2022/nov/04/voter-intimidation-midterm-elections-arizona

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Drop box watchers, threatening letters and harassment – voters and election officials alike report increase in occurrences

In suburban Mesa, Arizona, people staked out an outdoor ballot drop box, taking photos and videos of voters dropping off ballots. Some wore tactical gear or camouflage. Some were visibly armed.

Others videotaped voters and election workers at a ballot drop box and central tabulation office in downtown Phoenix. They set up lawn chairs and camped out to keep watch through a fence which had been added around the facility for safety after 2020 election protests.

Some voters claim the observers approached or followed them in their vehicles. Other observers hung back, watching and filming from at least 75ft from the drop boxes.

In total, the Arizona secretary of state has received more than a dozen complaints from voters about intimidation from drop box watchers, many of which have been forwarded to the US Department of Justice and the Arizona attorney general as of late October, as well as a threat sent to the secretary of state herself. A federal judge issued a temporary restraining order on 1 November to limit the watchers’ activities.

These activities have led to calls from Maricopa county officials to “decrease the temperature” of heated rhetoric and actions in advance of Tuesday’s midterm elections. But though Arizona has become a hotbed for these tactics, it is also a sign of the mounting national threats to security that voters are facing as the 8 November elections near – part of an orchestrated countrywide strategy pushed by rightwing groups who believe baseless conspiracy theories that the 2020 presidential election was rife with fraud and irregularities.

“I think that this drop box monitoring could very likely take hold in a number of different states,” said Jared Davidson, an attorney with Protect Democracy, a non-profit, non-partisan organization involved in one legal challenge against the drop box watchers. “I certainly hope it doesn’t and I hope that a win in our case will send a strong deterrent effect to folks who are organizing in other places.”

‘All of a sudden now, we’re reaching voter intimidation’

Drop box watching efforts have been largely coordinated by election deniers belonging to several different groups across the country, usually inspired by the viral movie 2000 Mules, which makes false, debunked claims about so-called “mules” stuffing drop boxes with ballots in a widespread spree of fraudulent voting during the 2020 presidential election. In recent months, drop box watchers spread the word on rightwing-friendly social media platforms like Truth Social and Telegram. One of the groups, Clean Elections USA, intends to send the photos, videos and information it collects to True the Vote, the organization behind 2000 Mules, Votebeat reported.

The US attorney general, Merrick Garland, said in recent days that the justice department “has an obligation to guarantee a free and fair vote by everyone who’s qualified to vote and will not permit voters to be intimidated”. The department also filed a “statement of interest” in one of the Arizona drop box lawsuits, saying that the behavior probably violates federal voting rights law.

In Michigan, a local offshoot of a group called the America Project is training volunteers to set up hidden cameras to monitor drop boxes and to carry guns in case they encounter criminals while watching the boxes, the Detroit Free Press reported.

A pastor in Philadelphia, Pennsylvania, told PennLive he had seen increased traffic in his community, where trucks with Maga flags drive through regularly, which he sees as an attempt to intimidate the largely Black community. In response to concerns over such intimidation and efforts by election deniers to recruit and train poll observers and workers, the faith community in Philadelphia is encouraging people to become poll monitors.

‘We will be watching’

Arizona became a sort of ground zero for drop box watching during early voting in October. Arizona voters extensively use no-excuse mail-in voting, and early voting at the polls and via mail and drop boxes begins 27 days before election day.

“There’s nothing in and of itself that’s unlawful to sit and film a drop box – it’s odd behavior in my opinion,” Bill Gates, the Republican chairman of the Maricopa county board of supervisors, said in an interview. “When you have a weapon, and then you have camouflage on, and then you make a statement like ‘I’m out here hunting mules’ – all of a sudden now, we’re reaching voter intimidation.”

Rural Yavapai county saw plans for drop box watches in what was dubbed “Operation Drop Box”, organized by the Lions of Liberty, a rightwing group that claims the US has been “hijacked and undermined by global elites, communists, leftists, deep state bureaucrats and fake news”, and the Yavapai County Preparedness Team, which is affiliated with the Oath Keepers extremist group, according to its website. Those groups told their volunteers to “stand down” after they were sued in federal court.

But drop box watchers have been encouraged by some rightwing elected officials and candidates who have feigned credulity of false claims of a stolen election. One state lawmaker, the Arizona senator Kelly Townsend, encouraged “vigilantes” to stake out drop boxes (the same lawmaker then said last month that “wearing tactical gear while watching a ballot drop box could be considered voter intimidation”, so people shouldn’t do it). The Republican candidate for Arizona secretary of state, Mark Finchem, tweeted in late October to tell his followers to “WATCH ALL DROP BOXES. PERIOD.” He also urged followers to record voters using them.

Voters who have filed complaints against the practice said they felt intimidated and found the drop box watchers’ behavior alarming.

“I’m a senior and was very intimidated by his actions,” one complaint about a Phoenix drop box watcher reads.

“Camo clad people taking pictures of me, my license plate as I dropped our mail in ballots in the box. When I approached them asking names, group they’re with, they wouldn’t give anything,” another complaint from Phoenix reads.

“I felt very intimidated and scared about who was watching me deposit my ballot in the box. A man with a camera was snapping shots of me, my car and my license plate. Definitely without my permission,” yet another reads.

The Maricopa county sheriff, Paul Penzone, said that he was increasing security and directing more deputies to monitor the drop box situation in response to claims of voter intimidation. But the presence of uniformed law enforcement can also be a concern for voters who may distrust police, particularly voters of color.

On 28 October, federal judge Michael Liburdi ruled against voter advocacy groups in a case brought by the Arizona Alliance for Retired Americans and Voto Latino. Liburdi wrote that, while some voters may be “legitimately alarmed” by the drop box watchers, their activity was protected by the first amendment.

But a separate lawsuit from the League of Women Voters of Arizona, represented by the non-profit Protect Democracy, claims the drop box watchers violate the Voting Rights Act of 1965 and the Ku Klux Klan Act of 1871. Also before Judge Liburdi, that case prevailed in getting the practice curtailed in several ways that should make watchers’ activities less threatening to voters.

Now, because of a temporary restraining order that Judge Liburdi issued, observers affiliated with the Clean Elections USA group cannot take photos or videos of voters within 75ft of a drop box, nor can they post images online implying someone is committing a crime. They now have to be 250ft away from a drop box if they are wearing body armor or carrying guns. Even then, the threat continues.

‘How did we get here?’

It’s not just the drop box activities that have election workers, voters and activists worried. Across the country, elected officials have been receiving threats from the same groups that are closing in on voters.

One email sent to several workers at the Arizona secretary of state’s office, including the secretary of state herself, Katie Hobbs, vulgarly harassed the employees, threatened to find their addresses using local tax records and referred to the French Revolution. Hobbs, the Democratic gubernatorial candidate for governor, has been subjected to threats after 2020, resulting in federal charges for one man who made a death threat against her. Two other local elected officials, the Maricopa county supervisor, Clint Hickman, and county recorder, Stephen Richer, have faced threats that resulted in federal charges this year as well.

The chairs of all 15 Arizona county Democratic parties also received unsigned threatening letters, featuring the words “WE ARE WATCHING YOU”. “Retirees with nothing else to do will be filing hundreds of lawsuits, if not more,” the letter said. “They will be locating your homes, your social media profiles and pictures and posting them online as well.”

Bonnie Heidler, the chair of the Pima county Democratic party, received the letter at the office’s headquarters and immediately informed the FBI. She wanted the letter on record, in case anything happens. She pointed out that the language of the letter was similar to an 14 October social media post from Finchem directed at Pima county, in which the candidate said: “We will be watching.”

The county party’s building is up for sale, and someone called the realtor saying they wanted to buy the building so they could blow it up, Heidler said. The party is discussing ways to improve security, she added.

“What Trump did was, he let the genie out of the bottle. And now we can’t get the genie back in. And that’s the problem. He’s given them credence that they’re ‘very fine people’,” Heidler said.

Election workers in other states have also faced harassment and threats for doing their jobs. Election officials now routinely receive calls, voicemails, emails and social media posts that range from vitriolic to frightening.

A mother and daughter who were election workers in Georgia told the January 6 committee they were threatened and told they should be jailed or killed.

The entire election staff in rural Gillespie county, Texas, quit earlier this year, having finally had enough of the onslaught of harassment and false claims after 2020.

The threats have left polling places understaffed or with inexperienced staff, as seasoned election workers decide to leave. In some areas, like Akron, Ohio, local officials have put laws in place to increase penalties for people who harass or interfere with election workers.

Few Republicans have stood up to stolen election claims, and the ones who have have faced harsh electoral consequences from Trump’s rabid base. The Republican governor, Doug Ducey, who ignored Trump’s phone call while signing off on Arizona’s 2020 results, is not up for re-election, but he has still largely remained quiet. Arizona’s house speaker, Rusty Bowers, who refused to overturn the election results, lost his primary. County elected officials, who have been steadfast in support of the way the county ran the election, have faced endless outrage and threats.

“How did we get here?” Gates said. “We got here because there are a few people that have normalized this sort of behavior, and then a bunch of my fellow Republicans who remain silent while that goes on, out of fear of some political ramification.”

He doesn’t think the fervor will die down unless other Republicans start calling out those who are undermining democracy.

“Literally, the eyes of the world are on Maricopa county,” Gates said. “If we engage in this kooky behavior, that’s not a good image to be providing to the rest of the country and the rest of the world. We’re better than that.”