Armed Militias And Poll Watchers: Know The Laws In Florida

FLORIDA — At the first presidential debate between Donald Trump and Joe Biden, President Trump used the stage to call for volunteers to stand watch at November election polls, once again citing his evidence-free claim that U.S. elections are “rigged” or fraudulent.

While it’s unclear what activities to expect at Election Day polls in Florida, each state has laws barring unauthorized private militia groups, according to the Institute for Constitutional Advocacy and Protection at Georgetown University.

The call to monitor polling places prompted an enthusiastic response from known neo-Nazis and right-wing activist groups.

“I got shivers,” Andrew Anglin, the founder of the neo-Nazi website the Daily Stormer, wrote in a post the day after the debate. “I still have shivers. He is telling the people to stand by. As in: Get ready for war.”

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The president’s call also sparked trepidation among state election and law enforcement officials, who now are preparing for the threat of voter intimidation, arrests and even violence on Election Day.

Poll watchers have historical significance in both Florida and U.S. elections.

In an op-ed for the Washington Post, former Republican lawyer Benjamin Ginsberg called poll watchers “fundamental” to the election process — but if Trump’s calls are heeded, the Republican Party would see the type of activity at polling places it has sought for years to avoid.

“Should Trump seek to delegitimize the presidential election, he would most likely begin by causing delays and chaos in precincts that voted heavily against him in 2016. His most obvious tactic would be having the RNC instruct its poll watchers to abandon their traditional role and, instead, lodge mass challenges both as voters cast their ballots and then as mail ballots are tabulated,” Ginsberg wrote.

According to federal law, voter intimidation is prohibited. In fact, the right of each voter to cast his or her ballot free from intimidation or coercion is a foundational principle of a free and democratic society.

The institute at Georgetown recently compiled fact sheets detailing federal and state statutes on voter intimidation. Sheets also outline what to do if groups of armed people are near a polling place or voter registration drive.

Private and unauthorized militias are prohibited by Florida law. The state’s laws are described:

Florida Constitution: The Florida Constitution forbids private military units from operating outside state authority, providing that “[t]he military power shall be subordinate to the civil.”

Florida Statutes: Prohibits private military units: Florida law makes it illegal for groups of people to organize as private militias without permission from the state. It is a misdemeanor for any “body of persons, other than the regularly organized land and naval militia of this state [and] the troops of the United States,” to “associate themselves together as a military organization for drill or parade in public with firearms, in this state, without special license from the Governor” and approval by the local government.

Prohibition on paramilitary activity: It is a felony in Florida to either:
(1) teach or demonstrate how to use, apply or make “any firearm, destructive device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder,” or

(2) assemble “with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, destructive device, or technique capable of causing injury or death to persons, intending to unlawfully employ the same for use in, or in furtherance of, a civil disorder.” Fla. Stat. § 790.29.

Prohibition on unauthorized wearing of military uniforms: In Florida, it is a misdemeanor for any person other than members of the U.S. or state armed services to wear “the uniform of” any part of the U.S. armed forces or the National Guard, “or any part of such uniform, or a uniform or part of a uniform similar thereto, or in imitation thereof.”

The Georgetown institute says if voters see armed groups near a polling place or voter registration drive there are actions they can take.

First, document what you see:

• What are the armed people doing?
• What are the armed people wearing?
• Are they carrying firearms? If so, what type? If not, are they carrying other types of
• weapons?
• Are they wearing insignia? If so, what does it say or look like?
• Are they bearing signs or flags?
• Do they seem to be patrolling like a law enforcement officer might do?
• Do they seem to be coordinating their actions?
• Do they have a leader?
• Are they stopping or talking to people outside of their group?
• Do they appear to be provoking or threatening violence? If so, what are they doing
• specifically?
• Are people turning away from the polling station after seeing or speaking with them?

Second, call Election Protection at 866-OUR-VOTE (866-687-8683) to report what you see. Assistance in also available in Spanish at 888-VE-Y-VOTA (888- 839-8682), in Arabic at 844-YALLA-US (844-915-5187), and Asian languages at 888-API-VOTE (1-888-174-8683). A video call number for American Sign Language is available at 301-818-VOTE (301-818-8683).