Letter: Request for Statement Warning Against Voter Intimidation

October 25, 2024
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October 24, 2024 

Sent Via Email

October 24, 2024

The Honorable Ashley Moody
Office of the Attorney General
State of Florida
PL-01 The Capital
Tallahassee, FL 32399-1050
citizenservices@myfloridalegal.com

Re: Request for Statement Warning Against Voter Intimidation

Dear Attorney General Moody:

On behalf of the Legal Defense Fund, we urge you to re-issue your 2020 statement condemning voter intimidation and affirming your commitment to ensure that voters will be free to vote without fear this November. As you may recall, in 2020, your office issued the following statement:[1]

The Attorney General condemns hate, and any and all acts of voter intimidation. Violence and threats cannot be tolerated in our elections process. Voters must be allowed to exercise their right to vote without fear or intimidation and law enforcement must stand ready to assist if these acts occur.

In light of widespread evidence of ongoing and escalating intimidation in the years since your office issued this statement, and reports indicating widespread organized efforts to intimidate and harass Florida voters and non-partisan third-party voter registration organizations heading into this year’s Presidential election, it is critically important that your office re-issue a statement to warn bad actors that voter intimidation will not be tolerated.

1.     Voter Intimidation is a Serious Crime.

Voter intimidation is a serious crime under both federal law and Florida law. Federal law provides that:

Whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for [federal office] . . . shall be fined under this title or imprisoned not more than one year, or both.

See 18 U.S.C. § 594. Similarly, Florida law provides that:

A person may not directly or indirectly use or threaten to use force, violence, or intimidation or any tactic or coercion of intimidation to induce or compel an individual to:

  • Vote or refrain from voting;
  • Vote or refrain from voting for any particular individual or ballot measure;
  • Refrain from registering to vote; or
  • Refrain from acting as a legally authorized election official or poll watcher.

§ 104.0615, Fla. Stat.

Furthermore, Florida’s law prohibits under criminal penalty, any person from:

  • Acting under color of law or otherwise, from intimidating, threatening, or coercing, or attempting to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote as that person may choose;[2]
  • Directly or indirectly attempting to influence, deceive or deter by bribery, menace, threat or other corruption whatsoever any elector in the free exercise of the elector’s right to vote;[3]
  • Knowingly destroying, mutilating, or defacing a voter registration form or election ballot or obstruct or delay the delivery of a voter registration form or election ballot;[4]
  • Discharging or threatening to discharge any employee in their service for voting or not voting in any election.[5]
  • Conspiring, combining, or confederating with another person to commit an election code violation;[6]
  • During or before an election, removing, tearing down, destroying, or defacing any ballot, booth, compartment, or other convenience provided for the purpose of enabling the elector to prepare their ballot, or any card for the instruction of the voter.[7]

In addition, any individuals or organizations engaging in voter intimidation are subject to civil liability under numerous federal statutes.

First, Section 11(b) of the Voting Rights Act of 1965 provides that “no person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for voting or attempting to vote[.]” 52 U.S.C. § 10307.

Second, Section 131(b) of the Voting Rights Act of 1957 provides that “[n]o person, whether acting under color of law or otherwise, shall intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other person to vote[.]” 52 U.S.C. § 10101(b).

Third, Section 2 of the Enforcement Act of 1871 (the “KKK Act”) bars any conspiracy “to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote . . . from giving his support.” 42 U.S.C. § 1985(3).

Intimidating conduct is based on an objective assessment of the conduct’s effect and does not require intent on the part of the individual engaging in the conduct to engage in unlawful intimidation.[8]

2.     Voters in Florida Are Subject to Severe Threats of Voter Intimidation.

There have been concerning reports of voter intimidation in Florida that raise red flags of the potential for widespread voter intimidation at the polls during the general election. Currently, Florida has 114 extremist, antigovernment and white supremacist organizations in the state.[9] From 2020-2024, there were 50 white supremacist events and 695 incidents of white supremacist propaganda.[10]

Moreover, recent years have been marked by increasing threats to election officials. Nationwide, the U.S. Department of Justice has investigated more than 1,000 harassing and threatening messages directed at election workers, and roughly 100 have risen to the level of potential prosecution as of August of this year.[11] Protecting the safety and security of election workers is fundamental to the integrity of our election process.

3.     We Urge You to Issue a Statement Affirming that Voter Intimidation is a Serious Crime.

We urge you to issue a public statement reaffirming that voter intimidation is a serious crime under both federal and Florida law and warn potential bad actors that there are severe penalties if they intimidate voters, similar to the statement that your office issued heading into the 2020 election and numerous Attorneys General have issued in recent years.[12] For instance, in 2022, former Arizona Attorney General Mark Brnovich issued a similar statement ahead of the midterm elections:[13]

Any form of voter intimidation is absolutely unacceptable and will not be tolerated … Regardless of intent, this type of misguided behavior is contrary to both the laws and values of our state.

This year, Georgia’s Secretary of State already has “condemned all acts of political intimidation” in a January statement:[1]

It is deeply troubling to see a rise in swatting and other physical threats. We expect heightened tensions as we head into a major presidential election. We expect American citizens to engage in the democratic process- not resort to cowardly acts of intimidation. We’re committed to upholding our democratic principles and fighting for an environment in which citizens can freely and safely participate.

Your public statement on this issue will not only have an important deterrent effect on potential bad actors, but it will also give Florida voters comfort that they will be able to safely head to the polls to cast their ballots free from voter intimidation.

We ask that you respond in writing by October 31, 2024, to inform us of the steps you will take to address the issues in this letter and whether we can provide any support or assistance to you. We also ask that you identify the name and contact information for a member of your staff who we can contact directly about specific instances of voter intimidation in Florida. Please feel free to contact us directly at mharris@naacpldf.org or call 646-369-8714.

Sincerely,

Martin Harris   
Policy Associate
LDF		Kate Renchin
Co-Chair
Palm Beach Voting Rights Coalition
Adora Obi Nweze
President
NAACP Florida State Conference		Olivia Cantu
Executive Director
International Defenders Council
Andrea Mercado
Executive Director
Florida Rising Together		Bacardi Jackson
Executive Director
ACLU of Florida
Juanica Fernandes
Executive Director
State Voices Florida		Amy Keith
Executive Director
Common Cause Florida

                                            
Legal Defense Fund (“LDF”)

Since its founding in 1940, LDF has used litigation, policy advocacy, public education, and community organizing strategies to achieve racial justice and equity in the areas of education, economic justice, political participation, and criminal justice. Throughout its history, LDF has worked to enforce and promote laws and policies that prohibit voter discrimination, intimidation, and suppression and increase access to the electoral process.

[1]     See Ben Cady & Tom Glazer, Voters Strike Back: Litigating Against Modern Voter Intimidation, 39 N.Y.U. Rev. L. & Soc. Change 173, 204 (2015) (explaining that “Section 11(b) [of the Voting Rights Act] does not require a plaintiff to make any showing with regard to the defendant’s intent.”).

[2]     SPLC Hate Map https://www.splcenter.org/states/florida.

[3]     ADL H.E.A.T. Map https://www.adl.org/resources/tools-to-track-hate/heat-map.

[1]     See Issac Morgan, Civil rights groups wait for response from Attorney General Ashley Moody on voter intimidation issues, Florida Phoenix (October 30, 2020) https://floridaphoenix.com/2020/10/30/civil-rights-groups-wait-for-response-from-attorney-general-ashley-moody-on-voter-intimidation-issues/

[2] Fla. Stat. §104.0515(3)

[3] Fla. Stat. §104.061(1)

[4] Fla. Stat. §104.0615(4)

[5] Fla. Stat. §104.081

[6] Fla. Stat. §104.091

[7]     Fla. Stat. §104.26

[8]     See Ben Cady & Tom Glazer, Voters Strike Back: Litigating Against Modern Voter Intimidation, 39 N.Y.U. Rev. L. & Soc. Change 173, 204 (2015) (explaining that “Section 11(b) [of the Voting Rights Act] does not require a plaintiff to make any showing with regard to the defendant’s intent.”).

[9]     SPLC Hate Map https://www.splcenter.org/states/florida.

[10]     ADL H.E.A.T. Map https://www.adl.org/resources/tools-to-track-hate/heat-map.

[11]     Marina Villeneuve, Justice Department details threats against election workers, Assoc. Press (Aug. 3, 2022), https://abcnews.go.com/Politics/wireStory/justice-department-details-threats-election-workers-87890073.

[12]     See Colorado Attorney General, Attorney General Phil Weiser reissues public advisories on voter intimidation and election worker safety (Oct. 13, 2022), https://coag.gov/press-releases/10-13-22/; Duaa Israr, News8000, Wisconsin Attorney General Josh Kaul issues warnings about voter intimidation (Oct. 6, 2022), https://www.news8000.com/wisconsin-attorney-general-josh-kaul-issues-warnings-about-voter-intimidation/; Conrad Swanson, Colorado AG says he will prosecute voter intimidation during November election, Denver Post (Oct. 3, 2020), https://www.denverpost.com/2020/10/03/colorado-election-phil-weiser-trump-voter-fraud-intimidation/; Office of the Attorney General Election Advisory, Maine Office of the Attorney General (Oct. 8, 2020), https://www.maine.gov/ag/news/article.shtml?id=3436656; Massachusetts Attorney General Advisory on Poll Monitoring and Voter Intimidation, Commonwealth of Massachusetts Office of the Attorney General (Sept. 17, 2020), https://www.mass.gov/doc/ago-advisory-on-poll-monitoring-and-voter-intimidation-english/download; Neil Vigdor, Michigan charges two right-wing operatives with felonies over voter suppression scheme, New York Times (Oct. 1, 2020), https://www.nytimes.com/2020/10/01/us/elections/jacob-wohl-jack-burkman-michigan-felony.html; Sam Metz, Nevada attorney general vows to take on voter intimidation, Nevada Appeal (Oct. 2, 2020), https://www.nevadaappeal.com/news/nevada-attorney-general-vows-to-take-on-voter-intimidation/; Vermont AGO Guidance Regarding Voter Intimidation and Harassment, State of Vermont Office of the Attorney General (Oct. 5, 2020), https://ago.vermont.gov/wp-content/uploads/2020/10/AGO-Guidance-10.5.20.pdf; Attorney General Herring Reiterates Protections Against Voter Intimidation and Outlines Guidance for Poll Watchers, Commonwealth of Virginia Office of the Attorney General (Sept. 30, 2020), https://www.oag.state.va.us/media-center/news-releases/1840-september-30-2020-herring-reiterates-protections-against-voter-intimidation-and-outlines-guidance-for-poll-watchers; Darcy Spencer, DC Attorney General Says His Office is Ready to Fight Voter Intimidation, NBC Washington (Oct. 11, 2020), https://www.nbcwashington.com/news/local/dc-attorney-general-says-his-office-is-ready-to-fight-voter-intimidation/2441466/; Sarah Thomsen, Wisconsin attorney general talks voter intimidation, security ahead of election, WBAY (Oct. 19, 2020), https://www.wbay.com/2020/10/19/wisconsin-attorney-general-talks-voter-intimidation-security-ahead-of-election/.

[13]     Ariz. Att’y Gen., Attorney General Brnovich Stands Up to Protect Arizona Voters (Oct. 26, 2022), https://www.azag.gov/press-release/attorney-general-brnovich-stands-protect-arizona-voters;

[14]     Ga. Sec’y of State, Secretary Raffensperger Reaffirms Stand against Political Intimidation, Calls on General Assembly to Pass Language of HB 790 (Jan. 4, 2024), https://sos.ga.gov/news/secretary-raffensperger-reaffirms-stand-against-political-intimidation-calls-general-assembly;