California: Protections Against Intimidation of Voters and Election Workers

Voters in California have the right to vote free from intimidation under federal and state law.¹ Federal law broadly prohibits intimidation, threats, and coercion throughout every stage of the election process; more information on the federal laws that apply to all states can be found here. In addition, the following actions are specifically prohibited by California law:

• Using or threatening to use force, violence, or tactics of coercion or intimidation to compel another person to vote or refrain from voting.²This includes, but is not limited to, blocking access to voting locations; presenting false information about voter eligibility requirements or criminal consequences for voting; aggressive questioning of voters based on their perceived race or gender identity; and aggressively questioning voters about their citizenship, criminal record, or other qualifications to vote.³
• Possessing a firearm at or near a polling place, vote center, drop box, or place where votes are being counted.⁴
• Stationing of uniformed peace officers, private guards, or other security personnel at or in the immediate vicinity of a voting location.⁵
• Hiring or arranging for any other person – including private guards, security personnel, or an officer or agent of a local, state, or federal law enforcement agency – to be stationed at or in the immediate vicinity of a polling place or county elections office without written authorization from the appropriate elections official or written authorization by a federal court order.⁶
• Electioneering within 100 feet of a voting location, including a drop box.⁷

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

Intimidation of Poll Workers and Election Officials

In addition to federal protections against the intimidation of election workers, it is a violation of California law to attempt or to actually intimidate, threaten, or coerce election officials, including poll workers and temporary workers, who are exercising their duties to administer an election.⁸

This includes interference with the ballot counting and election certification process, which is also a felony.⁹

Guns, Law Enforcement, and Military at Polling Locations, Drop Boxes, and Counting Facilities

California has strict laws related to guns and law enforcement at elections locations:

• It is a felony to carry a firearm at or near a polling place, vote center, drop box, or place where votes are being counted, including on the streets and sidewalks immediately adjacent to these locations.¹⁰
• It is illegal for uniformed peace officers, private guards, or other security personnel to be stationed at or in the immediate vicinity of a voting location unless they have explicit written authorization from the appropriate election official.¹¹ Shirts, hats, or other displays that indicate a person is with “Election Security” or “Ballot Security” or apparel or accessories with any semblance of a logo or display that might be confused with any private guard or security company or government agency are also prohibited.¹²
• It is a felony to hire or arrange for any other person – including an officer or agent of a local, state, or federal law enforcement agency – to be stationed at or in the immediate vicinity of a polling place or county elections office without written authorization from the appropriate elections official or written authorization by a federal court order.¹³

Additionally, under California law, a person who openly carries a firearm or imitation firearm while interacting with or observing a voter or election official is presumed to have engaged in intimidation.¹⁴ An armed law enforcement officer acting within the scope of their official duties is not subject to this presumption, but a court may consider possession of a firearm in deciding if the officer violated the law against intimidation.¹⁵

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

• It is a felony for any federal official to send troops or armed persons to a polling place, unless “such force [is] necessary to repel armed enemies of the United States.”¹⁶

• It is a felony for a member of the military to intimidate voters or interfere with elections.¹⁷

  Door-to-Door Intimidation

  California and federal law prohibit canvassing efforts that are used to intimidate voters.¹⁸ 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. Additionally, it is a felony in California to impersonate an election official.¹⁹

  Voter Challenges

  California law provides the following restrictions on challenges to a voter’s eligibility:

• Only a poll worker can challenge a voter’s eligibility at a polling location.²⁰
• The precinct board is required to compile and maintain a list of voter challenges in that precinct.²¹
• If a person other than a poll worker attempts to challenge a voter’s eligibility in any manner, the precinct board should immediately contact the county elections official.²²
• If persistent voter challenges cause delays or create an intimidating atmosphere that discourages voting, the board shall discontinue all voter challenges.²³

• It is a felony if any person “knowingly challenges a person’s right to vote without probable cause or on fraudulent or spurious grounds.” It is also a felony if a person “engages in mass, indiscriminate, and groundless challenging of voters solely for the purpose of preventing voters from voting or delaying the process of voting.”. ²⁴

  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.²⁵
• The NVRA prohibits the systematic removal of voters from the rolls within 90 days of a federal election.²⁶