Every state provides some method to challenge the eligibility of a voter. However, bad-faith challenges may cross the line and can constitute voter intimidation, particularly when mass challenges are based only upon a voter’s race or status and the challenger lacks personal knowledge of the voter’s eligibility. For example, in past elections, there have been allegations of challenges based solely on voters’ Latino or Asian sounding surnames. State laws differ regarding who can make challenges, when challenges can be made, what are the proper grounds for a challenge, which party has the burden of proof, what evidence is relevant, and who decides challenges.
Deceptive practices deliberately mislead or intimidate voters in order to alter the outcome of an election. Often targeted at traditionally disenfranchised communities including minority voters, seniors, and young people, deceptive practices and voter intimidation intentionally curb the right to vote for millions of Americans. Instead of employing physical threats, those who wish to intimidate voters have turned to more sophisticated and nuanced tactics to fraudulently prevent turnout in targeted communities.
Disturbing examples of deceptive practices and voter intimidation from recent elections include fliers distributed in Milwaukee telling voters they cannot vote if they have not paid their parking tickets; fliers in Ohio telling voters that Republicans vote one day and Democrats on the next day; reports of armed gunmen intimidating, mocking and misinforming voters at heavily Latino precincts in Arizona; deceptive fliers in Maryland misleading voters about the party affiliation of candidates for key statewide offices; phone calls telling voters that they were no longer eligible to vote; and emails sent to voters in Virginia providing false information about where to vote.
One of the largest problems in combating deceptive practices and voter intimidation is that intentionally misleading voters is not against the law.
