All voters have the right to cast their ballots without fear or intimidation. That protection extends to all forms of voting, including by mail, during early voting or in person on Election Day. Is voter intimidation illegal?
Yes, voter intimidation is illegal under federal law. Specifically, Section 11(b) of the Voting Rights Act states that it is against the law to intimidate, threaten or coerce any other person for voting or attempting to vote.
In addition to federal laws, states have their own rules to protect voters. In most states, voter intimidation is a crime, and campaigning and electioneering in direct proximity to the polls is illegal. Furthermore, local election officials and law enforcement have the legal right to remove individuals who violate these rules from polling places — and voters have the right to report individuals who intimidate them at the polls.
Even if an individual claims they do not intend to intimidate voters or claims to be engaging in otherwise lawful activities such as news reporting or poll monitoring, they can still be held liable if their activity is done in an intimidating, harassing, or threatening manner.
Who is protected under voter intimidation laws?
Both voters and individuals and organizations who assist voters are legally protected from voter intimidation.
Who do voter intimidation laws apply to?
Laws that prevent voter intimidation apply to everyone, including local, state, or federal government officials, such as Department of Homeland Security (DHS) and Homeland Security Investigations (HSI) agents. Both federal and state law prohibit any activity that intimidates, coerces or deters people from participating in an election. Consequently, if a federal agent were to engage in some kind of behavior that intimidates voters, they could be both criminally and civilly liable under federal and state law.
That's why, when DHS launched a voter intimidation campaign in the lead-up to the 2026 midterm elections, Campaign Legal Center and our client Justice Connection took legal action by filing an amicus brief in California Nurses Association v. Mullins in support of efforts seeking to block DHS's unlawful actions sending law enforcement agents door-to-door to question naturalized citizens about their voting history. Our brief called attention to the fact that the Administration’s canvassing campaign ran was not only contrary to law, but that it also went against the United States’ longstanding policy and practice of avoiding law enforcement activities that could interfere with elections and intimidate voters.
A federal court has blocked DHS's harmful voter investigation program ruling that the agency cannot conduct such field operations until the election concluded.
Does the law protect election workers and officials from intimidation?
Yes, intimidating election administrators is against the law, and Campaign Legal Center has also taken action to ensure election workers and officials are not intimidated or coerced by the federal government by filing an amicus brief in SEIU v. DOJ. In this case, the plaintiffs allege that the DOJ issued subpoenas, demands and threats of criminal prosecution in the lead-up to the 2026 elections that create an atmosphere of intimidation that interferes with election administration. That brief also highlights the ways that the Department of Justice is violating the Voting Rights Act, ignoring longstanding DOJ policy and practice, and attempts to intimidate election officials doing their work in good faith in the midst of an important federal election.
A federal court issued an order preventing the DOJ from threatening state and local election officials with criminal consequences if they do not accede to unlawful demands by the federal government.
What should I do if I feel intimidated?
Voters should continue to exercise their freedom to vote. Voters should rest assured that strong federal and state laws protect the right to vote free from intimidation, and courts have repeatedly stepped in when that right is threatened.
A voter that is intimidated should report what happened, where and when it happened, and who intimidated them to the national, nonpartisan Election Protection coalition, which Campaign Legal Center participates in, at 866-OUR-VOTE.
Voters experiencing intimidation should also report such information to their local election officials, including poll works who have the power to maintain peace and safety at the polls.