There are worries about voter intimidation, even here in N.J. - NJ.com

When voters went to the polls last weekend for early voting in Fairfax, Virginia, they were met by a group of President Donald Trump supporters, waving campaign flags and chanting “four more years.”

As they waited their turn to cast ballots, some voters had to walk around the supporters to get to the building.

“Some voters, and elections staff, did feel intimidated by the crowd and we did provide escorts past the group," said Gary Scott, the general registrar of Fairfax County.

The president and his supporters have expressed concerns about voter fraud, with Donald Trump, Jr. on Twitter encouraging “able-bodied” people to create an election security “army.”

These politically charged times have raised worries about voter intimidation — across the nation and in New Jersey, voting rights activists say.

In a year when every active registered voter in New Jersey will get a mail-in ballot, some may question whether voter intimidation will be a big issue.

But some people will choose to vote in person using a paper provisional ballot, while others will hand their mail-in ballot to a poll worker or drop it in a ballot box. So voters will certainly be around polling places on Election Day.

The law says you can’t interfere with or obstruct entrance to a polling place, nor can you “obstruct or interfere with any voter, or loiter in or near the polling place, or, with the purpose to obstruct or interfere with any voter or to unduly delay other voters from voting.”

Electioneering within 100 feet of a polling place is a third degree crime, and those who “solicit support for any candidate, party or public question within 100 feet of a polling place” are subject to a disorderly persons offense.

The national worry about voter intimidation has its roots in something that happened in New Jersey nearly 40 years ago.

In 1981, off-duty police officers wearing service revolvers, walkie-talkies and armbands that read “National Ballot Security Task Force” were hired by state GOP officials and stationed at polling places in largely minority communities including Newark, Trenton and Camden.

National Ballot Security Task Force flyer scared many voters away, came with armed law enforcement officers at Black and Latino polling places.

The incident prompted a federal lawsuit by the Democratic National Committee charging the National Ballot Security Task Force violated the 1965 Voting Rights Act through illegal harassment and voter intimidation.

That led to a consent decree that barred the Republican National Committee and the New Jersey Republican State Committee from “ballot security activities” in minority communities “where a purpose or significant effect of such activities is to deter qualified voters from voting.”

The ban enforced by the consent decree lasted 35 years.

In 2016, the Democratic National Committee went back to court asking for the ban to be extended, saying candidate Donald Trump’s calls for election observers to monitor minority communities to ensure the election isn’t “rigged” was a violation of the order.

The request was denied, as a judge ruled the consent decree had not been violated prior to its expiration. Republicans said concerns about voting activities were “baseless.”

Former Gov. Jim Florio, who lost that 1981 election by a mere 1,787 out of more than 2.3 million votes, said it could happen again.

“Now they have the circumstances that they can utilize the power of intimidation. I don’t think anyone who is minimally objective thinks it’s beyond the Trump people to do something of the sort,” Florio told NJ Advance Media.

“It’s easy to do. Hire people to show up on election day to intimidate people not to participate, and then they don’t participate,” he said.

Florio said he worries that in other areas of the country, such as Detroit and Milwaukee, there are “pretty well-organized militias,” and having even small numbers of voters being intimidated “can change the outcome of the election.”

One New Jersey lawmaker says voters can also be intimidated by something else: the presence of law enforcement near polling places. Assemblywoman Verlina Reynolds-Jackson, D-Mercer, has introduced a bill to keep police away from polling places on Election Day.

“Police should not be involved in the voting process unless there is an actual emergency or disturbance at a particular location,” said Reynolds-Jackson. “They should only remain there to deal with that situation and that situation only. Our voting process does not need to be scrutinized by law enforcement.”

Reynolds-Jackson also said ballot boxes that have been placed outside of police stations should be relocated.

“Citizens going to the polls to cast their vote should be entering a comfortable and welcoming environment,” she said. “This legislation allows them not to be nervous, it allows them not to feel intimidated and it allows everyone the ability to exercise their constitutional rights without any interference.”

New Jersey Republicans, however, say mail-in ballots, not voter intimidation, are the real problem.

“Governor Murphy needs to end the Democratic Party’s practice of political pandering and their radical war on police officers,” said Doug Steinhardt, chairman of the New Jersey Republican State Committee.

“If Assemblywoman Jackson was sincere about taking steps towards protecting people’s right to vote she would call for in person voting and vetting the states antiquated voter rules, rather than deepening the divide between police and the 9 million New Jerseyans they serve and protect,” he said.

Reynolds-Jackson said she supports Murphy’s decision for mail-in voting.

“We have lost over 200,000 lives due to COVID-19. We are still in the middle of a public health crisis,” she said. “Vote-By-Mail is the safest way to conduct this election.”

Voter groups support the bill.

“Without a law preventing intimidation, voters could be greeted by challenges and confused and, perhaps, threatened with false information or allegations from depositing their ballots,” said David Goodman of RepresentUs/New Jersey. “There’s enough news screaming our way today to know this is not an idle concern.”

The League of Women Voters of New Jersey said a police presence at polling stations would “absolutely be intimidating to voters and have a chilling effect.”

“Often, just the mere threat of voter intimidation tactics can be enough to keep voters home on Election Day,” said executive director Jesse Burns. “Assemblywoman Reynolds-Jackson’s legislation assures voters that they are free to vote without fear or intimidation and that reassurance is particularly crucial in our current charged political environment.”

Florio said voters don’t head to the polls expecting something “bad” could happen, but they need to be prepared. And those who intimidate need to know “there’s a price to pay,” he said.

“I think it’s a serious problem. It can be done almost surreptitiously, and you won’t know it happened until it’s over,” he said.

Thank you for relying on us to provide the journalism you can trust. Please consider supporting NJ.com with a subscription.

Karin Price Mueller may be reached at KPriceMueller@NJAdvanceMedia.com.

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