Voter intimidation or suppression, authorized activities at or near polling places, and providing a penalty

This bill prohibits any person who is within 500 feet of a polling place on election day, with intent to intimidate, suppress, or deter a prospective voter from exercising his or her right to vote in an election, from posing as a law enforcement or immigration officer; falsely warning or implying that one or more law enforcement or immigration officers are present; falsely warning or implying that voting may result in incarceration; making a false statement concerning voter eligibility, concerning when, where, or how to vote in an election, or concerning the penalties for voting improperly; or interfering with, impeding, or obstructing the act of voting.

The bill prohibits any person acting on behalf of this state or a county or municipal government, with intent to intimidate, suppress, or deter a prospective voter from voting in an election, from placing a traffic or pedestrian barrier or initiating a construction project on a public roadway or sidewalk within 500 feet of a polling place during the 72-hour period ending with election day, or from establishing a checkpoint at which individuals are stopped without specific cause within 500 feet of a polling place during the 48-hour period ending with election day. With certain exceptions, the bill prohibits any person, in the presence of or within view of voters who are engaged in voting at a polling place on election day, from engaging in publicly identifiable action as a law enforcement officer or private security guard or detective or purport to be doing so, or from parking or leaving in a parked position a motor vehicle that bears the markings of a law enforcement officer or private security guard or detective. The bill prohibits any person, by means of distribution, dissemination, transmission, broadcast, or posting, with intent to intimidate, suppress, or deter a prospective voter from voting in an election, from falsely warning of or implying the presence of law enforcement or immigration officers at a polling place; or from falsely warning of or implying that voting in the election may result in arrest, conviction, forfeitures, fines, or imprisonment; or that voting in the election may result in deportation, academic discipline, loss of academic standing, loss of child custody or placement, or loss of financial benefits. The bill similarly prohibits any person, by the same means, with the same intent, from falsely warning of or implying that any of the following will disqualify a voter: an outstanding parking or traffic citation;

outstanding child support obligations; overdue rent; an arrest warrant; a criminal or civil arrest or conviction history, except as currently provided by law for convicted felons who have not completed their sentences; or nonresident student status at an institution of higher education. The bill prohibits any person, by means of distribution, dissemination, transmission, broadcast, or posting, from making a false statement concerning voter eligibility, concerning when, where, or how to vote in an election, or concerning the penalties for voting improperly. In addition, the bill prohibits any person, with intent to intimidate, suppress, or deter a prospective voter from exercising his or her right to vote in an election, from urging a prospective voter not to complete or return an absentee ballot. No similar provisions exist currently.

Violators are guilty of a felony and may be fined not more than $10,000 or imprisoned for not more than three years and six months, or both. Under the bill, prosecutions of alleged violations may be brought by the district attorney for the county where a violation is alleged to occur or by the attorney general. The bill also permits an elector, after first notifying the appropriate district attorney and the attorney general, to sue for a court order to compel compliance with the provisions created by the bill. In addition, the bill permits any person who is injured by a violation of one of the bill's provisions to sue any alleged violator for monetary damages.

Currently, in cities over 500,000 population, the chief of police must station a police officer at polling places designated by the board of election commissioners for each election. This bill repeals that requirement.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.