On Tuesday night, a federal judge in Phoenix issued a restraining order against a group that had been photographing and recording voters casting ballots at Arizona Drop Boxes.
U.S. District Judge Michael Liburdi‘s order prohibits Clean Elections USA from “openly” carrying weapons or “visibly wearing body armour” within 250 feet of drop boxes. Liburdi’s order also prohibits members of the group from photographing, recording, following, or yelling at voters within 75 feet of drop box locations.
Furthermore, he instructed the group’s founder, Melody Jennings, to post a message on Truth Social, former President Donald Trump’s social media platform, that reads in part: “It is not always illegal to deposit multiple ballots in a ballot drop box.” It is legal to deposit a ballot for a family member, household member, or person for whom you care.”
The group and its founder were accused of “intimidation and harassment” of voters in Maricopa County as they cast ballots. The Arizona Alliance for Retired Americans and Voto Latino filed the lawsuit.
Arizona Secretary of State Katie Hobbs, who is running for governor, announced last week that her office had referred six reports of possible voter intimidation to the state attorney general’s office and the U.S. Justice Department for further investigation after receiving “several complaints” from voters who reported being recorded and having their license plates photographed as they dropped off ballots.
Liburdi refused to grant the restraining order sought by the Arizona Alliance for Retired Americans and Voto Latino on Friday. “While this case certainly raises serious concerns,” he said at the time, “the Court cannot craft an injunction without violating the First Amendment.”
“Plaintiffs have provided no evidence to the Court that Defendants’ conduct constitutes a true threat,” Liburdi wrote last week.
