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    Voter Intimidation and Voter Interference

    Voters: Know the law and know your rights.

    Voter Intimidation and Voter Interference Are Serious Crimes. 

    Intimidating a voter can result in up to two years’ imprisonment. 1 If you deprive or attempt to deprive someone of their right to vote, it can result in up to five years’ imprisonment. 2

    Please report instances of voter intimidation to the appropriate county board of elections and district attorney. Voters should also report them to the Department of State at 1-877-VOTESPA (1-877-868-3772). 

    Department of State's Guidance

     

    Against the Law

    State and federal law prohibit intimidation, threats, and coercion throughout the voting process, including when registering to vote, casting a ballot, and even at the stage of counting or tallying votes. 3

    Intimidation, interference, and discrimination can take many forms. Prohibited activity includes, but is not limited to:

    • Physical threats.
    • Interfering with or blocking access to:
      • the entrance or exit to the polling place
      • accessible accommodations for voters with disabilities
      • voter sign-in tables or voting booths/voting machines
      • secure ballot receptacles provided by the county
      • mailboxes provided by the U.S. Postal Service (USPS).    
    • Using threatening language or threateningly brandishing a weapon in or near a polling place.
    • Disrupting, following or interrogating voters.
    • It is also illegal to send out knowingly false information about the time, place, or manner of voting to prevent people from properly casting their ballots. 4
    • Pretending to be an election official or law enforcement authority.
    • Interfering with or violating a voter's right to a secret ballot at any point in the process.
    • Vandalism of polling places, polling place equipment/materials, secure ballot receptacles, or mailboxes.
    • Photographing, recording or videotaping voters to intimidate them.
    • Posting signs in the polling place, at a secure ballot receptacle, or at a USPS mailbox to intimidate voters or drive support for or against a candidate.
    • Routine and frivolous challenges to a voter's eligibility by election workers or private citizens that are made without a stated good faith basis.
    • Direct confrontation or questioning of voters, including asking voters for documentation or proof of eligibility when none is required.

     

    Who is protected by voter intimidation and voter interference laws?

    Voters and third parties involved in the election process, including, volunteers, poll workers, voter registration workers, translation assistants, and poll watchers, are all protected under the law.

     

    What should you do if you experience or observe prohibited conduct?

    • Individuals who witness voter intimidation or who are victims of voter intimidation should report the incident to their county election office and District Attorney.
    • The Office of Attorney General also has authority to investigate and prosecute voter intimidation and violations of the Election Code.
    • You can submit a complaint to your county online, or find the phone number for the county board of elections. 

    Any activity that threatens, harasses, or intimidates voters outside the polling place, inside the polling place, at secure ballot receptacles, at mailboxes, or at county election offices is illegal. This includes any activity intended to, or having the effect of, interfering with any voter's right to vote. Voters should report instances of voter intimidation to their county board of elections and district attorney. Voters should also report them to the Department of State at 1-877-VOTESPA (1-877-868-3772). Get more information regarding rules for poll watchers and authorized representatives


    [1] 25 P.S. § 3547
    [2] 52 U.S.C. § 10308.
    [3] 25 P.S. § 3547; 52 U.S.C. § 10308; https://www.justice.gov/crt/media/1348556/dl?inline
    [4] https://www.justice.gov/crt/media/1348556/dl?inline