Although observers have come up armed and wearing ballistic vests, a federal judge on Friday refused to prevent a group from keeping an eye on outdoor voting boxes in Arizona’s largest county, stating that to do otherwise could violate the monitors’ constitutional rights.
Judge Michael Liburdi of the U.S. District Court stated that the matter was still pending and that the Arizona Alliance for Retired Americans might re-argue its claims against an organization going by the name of Clean Elections USA. Voto Latino, a second plaintiff, was dismissed from the lawsuit.
Liburdi concluded that “while this case certainly presents serious questions, the Court cannot craft an injunction without violating the First Amendment.”
As the midterm elections approach, allegations of people, some of whom were masked and armed, keeping a close eye on 24-hour polling places in rural Yavapai County and Maricopa County, the state’s most populous county, have frightened local and federal law officials.
After observers of the ballot boxes took pictures, and videos, and followed voters, some voters reported that they were the victims of voter intimidation.
Election observers and monitors are required under Arizona law to keep 75 feet (23 meters) away from a voting site.
The judge wrote:
“Plaintiffs have not provided the Court with any evidence that Defendants’ conduct constitutes a true threat,”
“On this record, Defendants have not made any statements threatening to commit acts of unlawful violence to a particular individual or group of individuals.”
The Arizona Alliance for Retired Americans expressed their disappointment.
“We continue to believe that Clean Elections USA’s intimidation and harassment is unlawful,” it said, adding it would “seek immediate appellate review and emergency relief.”
Republican Mark Brnovich, the attorney general of Arizona, has urged citizens to immediately report any intimidation to the police and to file a complaint with his office.
This week, the Arizona secretary of state reported receiving six reports of possible voter intimidation, as well as a threatening email sent to the state elections director, the attorney general of the state and the U.S. Department of Justice.
Although the local police were on the “front line in efforts to guarantee that all qualified voters can exercise their right to vote without being subjected to intimidation or other election abuses,” the U.S. attorney’s office in Arizona has committed to prosecuting any violations of federal law.
