An open letter to State Governors & Legislatures

Sponsor State Legislation to Protect Polling Places from Federal Interference

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I'm asking you to sponsor legislation that creates state criminal penalties for federal agents who intimidate voters or interfere with elections. Federal law already bans this conduct through 18 U.S.C. §§ 592, 593, and 595, but we need state-level enforcement when the Department of Justice refuses to prosecute. These federal statutes prohibit deploying armed federal agents to polling places, using force or intimidation to prevent voting, and federal employees using official authority to interfere with elections. Violations carry penalties of up to five years in prison. But if federal prosecutors won't act, there's no accountability. State prosecutors can fill that gap. Federal officials have no immunity for conduct that violates federal law. Since these actions are already illegal under federal statute, agents engaging in voter intimidation cannot claim federal authorization as a defense against state prosecution. By mirroring federal language exactly and applying the law equally to state and federal officials, we avoid Supremacy Clause conflicts. The Brennan Center has drafted model legislation at https://www.brennancenter.org/our-work/policy-solutions/model-bill-state-accountability-federal-interference-polling-places. It includes criminal penalties matching federal law and civil enforcement provisions allowing aggrieved voters, election officers, and the attorney general to seek injunctive relief. This creates multiple accountability mechanisms to protect polling places from armed interference.

▶ Created on March 29 by Harmony

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