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 in support of efforts seeking to block DHS's unlawful actions.
A federal court has blocked DHS's harmful voter investigation program, which included door-to-door operations by DHS and media blitzes of their campaign, ruling that the agency cannot conduct such field operations until the election concluded.
Again, Section 11(b) of the Voting Rights Act protects against voter intimidation, threats and coercion, and historically it has been the federal government’s job to enforce these protections.
Campaign Legal Center and Justice Connection filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit highlighting that the federal government should be protecting voter from intimidation and enforcing voter intimidation laws, not authorizing operations that clearly violate the law in the lead-up to an election.
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.