Sign outside Ann Arbor polling place, Nov. 8, 2022 | Laina G. Stebbins
The Michigan Attorney General’s Office has issued guidance to law enforcement on appropriate action for early voting and Election Day advising on scenarios law enforcement might encounter.
It’s a felony to obstruct or attempt to obstruct an eligible voter from exercising their right to cast a ballot and new laws in effect this election and there are penalties for intimidating or obstructing election workers from performing their duties.
“Election inspectors are trained and instructed to contact law enforcement, as appropriate, to ensure there is no disruption in voting. If law enforcement is called, you can assume that it is because the election inspector has run out of other options to maintain order and law enforcement intervention is necessary,” said the advisory sent out earlier this month, which was signed by Criminal Trials and Appeals Division Chief Robyn Liddell.
The note to law enforcement advises that because some public places like schools that are being used as early voting sites and Election Day polling locations don’t allow open or concealed firearms, officers should become familiar with what locations do not allow firearms. Additionally, if law enforcement is alerted to a person at a polling location with a firearm, they should evaluate things like the intentions of the individual, as well as the impact they’re having on voters and election staff.
Law enforcement are being advised that they may be “likely to encounter” a situation at an early voting site or polling location where someone has reported that a group of armed individuals are in the area surrounding the voting location, causing voters to leave without voting, possibly out of fear of the members of the group.
Law enforcement is being reminded that voter attempting to prevent someone from casting their vote is a crime outlined in Michigan election law:
“A person shall not attempt, by means of bribery, menace, or other corrupt means or device, either directly or indirectly, to influence an elector in giving his or her vote, or to deter the elector from, or interrupt the elector in giving his or her vote at any election held in this state.”
Law Enforcement Guidance 101024 Final
In the event a person claims their actions, which are deterring other individuals from voting, are protected by the Second Amendment, the Michigan Attorney General’s Office advises that the Second Amendment does not outweigh individuals’ right to vote.
“If the individual claims that their behavior is a lawful expression of their First Amendment right to free speech, there has to be a legal message that the person is trying to convey by openly carrying a firearm as he stands at or near an early voting site or polling place to be protected speech. It is difficult to imagine a scenario where a legal message is present in such an activity when voters are intimidated by the behavior,” the advisory says.
Other prohibited behaviors include displaying or distributing “any material that directly or indirectly makes reference to an election, a candidate, or a ballot question,” within 100 feet of an entrance to an early voting site or polling place. Materials can include, but are not limited to, campaign signs or literature, pros and cons lists for candidates or ballot proposals and the collection of petition signatures.
Law enforcement is advised that they “may be likely to encounter” protestors 100 feet or more from the polling locations, but protesters may be illegally causing voters to leave the polling location without casting a ballot out of intimidation.
“If the protesters are interfering with voters’ access to their polling location, law enforcement should warn the protesters that continued interference could result in arrest,” the advisory says.
GET THE MORNING HEADLINES.