Armed Militias And Poll Watchers: Know The Laws In Virginia, DC

WASHINGTON, DC — 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.

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.”

While it’s unclear what activities to expect at Election Day polls in Virginia and the District of Columbia have laws barring unauthorized private militia groups, according to the Institute for Constitutional Advocacy and Protection at Georgetown University.

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

“We’re seeing continued attempts by the Trump Administration to intentionally and unlawfully undermine the American people’s trust in a free and fair election process,” said Karl Racine, attorney general for the District of Columbia, in a statement. “It is unlawful to threaten, intimidate, or coerce District residents who choose to vote by mail or in-person. Now more than ever, we urge District residents to be vigilant and report any type of unauthorized poll monitoring or voter intimidation to the Office of the Attorney General.”

Poll watchers have historical significance in both Virginia 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.

Here’s a look at the laws in Virginia:

Private and unauthorized militias are prohibited by Virginia and law. Virginia’s laws are described:

Virginia Constitution: The Virginia Constitution forbids private military units from operating outside state authority, providing that “the military should be under strict subordination to, and governed by, the civil power.”

Virginia Statutes: Prohibit paramilitary activity: It is a felony in Virginia to:
(1) teach or demonstrate how to use, apply, or make “any firearm, explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that such training will be employed for use in, or in furtherance of, a civil disorder”;
(2) assemble “with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive or incendiary device, or technique capable of causing injury or death to persons, intending to employ such training for use in, or in furtherance of, a civil disorder”; or
(3) “point, hold or brandish any firearm or any air or gas operated weapon” or similar-looking object, “whether capable of being fired or not,” in a way that would “reasonably induce fear in the mind of another” “while assembled with one or more persons for the purpose of and with the intent to intimidate any person or group of persons.”

Prohibition on falsely assuming functions of law enforcement: In Virginia, it is a crime for any person to “falsely assume[] or exercise[] the functions, powers, duties, and privileges incident to the office of sheriff, police officer, marshal, or other peace officer, or any local, city, county, state, or federal law-enforcement officer.”

It is also “unlawful for any person, not an officer, warrant officer or enlisted person in the armed forces of the United States, to wear” a uniform that is “similar to a distinctive part of the” uniform of the U.S. armed forces.

District of Columbia Laws On Poll Monitors:

D.C. Law prohibits unauthorized poll monitoring and voter intimidation. Anyone seeking to witness the administration of elections must petition the Board of Elections for authorizing credentials. If the Board of Elections issues credentials to observers, those observers are prohibited from: touching ballots or voting equipment; interfering with the progress of voting or counting; assisting a voter; talking to any voter during the process of voting; obstructing the electoral process in any way; and using any video or still cameras inside a polling place while the polls are open for voting. District law also expressly prohibits anyone from interfering with voter registration or voting itself.

If someone interferes with your right to vote through threats, intimidation, or coercion, or you become aware of any interference with the right of D.C. residents to vote, contact Racine's office at (202) 442-9828 or email consumer.protection@dc.gov. If you need immediate assistance, dial 911 or the Metropolitan Police Department.

What should voters do if they see armed groups near a polling place or voter registration drive?

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).

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