Ohio: Protections Against Intimidation of Voters and Election Workers

Voters in Ohio have the right to vote free from intimidation under federal and state law.¹ The federal protections that apply to all states are explained here. The following actions are specifically prohibited by Ohio law

• Obstructing access to a polling location,² 
• Obstructing, intimidating, or interfering with voting at a polling location,³ 
• Participating in a riot, violence, or disorder in and about a polling location,⁴ 
• Attempting by intimidation, coercion, or other unlawful means to induce a voter to vote or refrain from voting, or to vote or refrain from voting for a particular candidate, question, or issue,⁵
• Loitering in or about a polling place during the casting and counting of ballots so as to hinder, delay, or interfere with the conduct of an election,⁶
• Soliciting or in any manner attempting to influence any voter in casting their ballot,⁷
• Engaging in any kind of election campaigning within 100 feet of a polling place, and if the line for voting extends beyond the 100-foot buffer, within 10 feet of any voter waiting in the line for voting,⁸
• Unduly delaying or hindering a voter from attempting to vote or voting,⁹ and
• Recklessly destroying any property used to conduct elections or removing materials that help a voter cast their ballot.¹⁰

The information below addresses the laws that serve as guardrails against specific threats of intimidation.

Voter Challenges

Although Ohio permits any qualified elector, precinct election official, or voting location manager to challenge another voter’s eligibility,¹¹ state law also provides for some guardrails. For example, only precinct election officials or voting location managers may challenge a voter at a polling location.¹² Challenges by other eligible voters must be filed no later than 30 days before an election.¹³ Such challenges must also be filed using a form prescribed by the secretary of state’s office, which requires challengers to state the reasons for the challenge and sign under penalty of election falsification.

The National Voter Registration Act (NVRA) provides additional safeguards to protect voters from mass challenges before an election:

• The NVRA expressly recognizes that National Change of Address information is not sufficient on its own to serve as the basis for canceling a voter’s registration.¹⁴ 
• The NVRA prohibits the systematic removal of voters from the rolls within 90 days of a federal election.¹⁵

More information about the limitations and process for voter challenges in Ohio can be found here.

Intimidation of Poll Workers and Election Officials

In addition to federal protections against the intimidation of election workers, it is a felony in Ohio for any person to attempt to intimidate an election officer or prevent an election official from performing their duties.¹⁶ County boards of elections are required to investigate claims of election officer intimidation or that an election officer was prevented from performing the official’s duties.¹⁷

Voter Intimidation by Poll Workers

Information about the rules and constraints on poll workers in Ohio can be found here.

Intimidation by Election Observers 

In addition to Ohio’s voter intimidation laws detailed above, state law places limits on who may serve as an observer¹⁸ and what they may and may not do:

• Observers may be appointed by a political party whose candidates are on the ballot, any group of five or more candidates, or a ballot issue committee. No more than one observer can be appointed to an early vote center or Election Day precinct.¹⁹
• Any qualified elector may serve as an observer.²⁰ 
• Uniformed officers or political candidates cannot serve as observers.²¹
• Observers are required to take an oath before observing.²² 
• Observers are prohibited from engaging in any kind of campaigning; hindering or delaying a voter who is trying to enter or leave a polling location; disrupting the conduct of the election; intimidating, harassing, or attempting to influence voters or precinct election officials; carrying a firearm or other weapon; or seeking to enforce the law or advocate on behalf of voters.²³
• Observers may not use any electronic or communication device or any audio/video recording device in a manner that creates disruptions, interferes with an election, or intimidates voters.²⁴

Precinct election officials may remove from the polling place observers who engage in behavior that is inconsistent with state law or a secretary of state directive, or who interfere with the election.²⁵ 

More information on the rules and constraints on election observers in Ohio can be found here.

Guns, Law Enforcement, and Federal Agents at Polling Places

Ohio law prohibits firearm possession by poll observers.²⁶ Firearms carried by voters or others at polling locations or where elections are conducted, though not expressly prohibited, may still constitute unlawful intimidation.²⁷ Such conduct may consist of

• Carrying a visible firearm near a polling location or at a drop box or vote-counting site,
• Displaying a concealed firearm during a discussion or argument with a voter or election worker or, 
• Approaching a voter or election worker while displaying a firearm.

The county board of elections or secretary of state may request at least one police officer be assigned to each precinct on each day of an election.²⁸ Police officers must follow the lawful orders of the voting location manager of a polling place.²⁹ 

Federal law limits the presence of the military and other armed federal agents at polling places:

• It is a felony to deploy troops or armed persons to a polling place, “unless such force [is] necessary to repel armed enemies of the United States.”³⁰
• It is a felony for a member of the military to intimidate voters or interfere with elections.³¹

Door-to-Door Intimidation

Ohio and federal law prohibit canvassing efforts that are used to intimidate voters.³² Any voter who receives a visit from a privately organized canvassing group does not have to answer any questions and should report any incidents of intimidation to their local officials.