HARRISBURG — On May 19, voters across Pennsylvania will head to the polls to cast their ballots in the primary election.
Every voter in every election is entitled to vote without intimidation, interference, or discrimination.
Voter intimidation is illegal under federal and state law — and according to the Pennsylvania Department of State, it’s also rare. However, several incidents of suspected intimidation in recent years have brought more attention to the issue and prompted action by the state.
During the 2020 election, Pennsylvania officials raised concerns several times that President Donald Trump’s campaign and its supporters might be intimidating voters. The campaign recorded voters in Philadelphia as they dropped off their mail ballots. Trump also urged his supporters to monitor polls in the city that year, following false claims that poll watchers had been removed from polling sites. Crowds — consisting of people for and against counting mail ballots — descended to the Philly site where votes were being tallied. Two Trump supporters also drove to the site with guns and several rounds of ammunition.
Since then, Pennsylvania has established a hotline to report cases of voter intimidation and other election-related crimes. It’s also created a task force that mitigates election threats and combats misinformation.
The Trump administration has given conflicting statements about deploying ICE agents to polling places during the midterms this November. In February, the Department of Homeland Security said that would not be the case, but just this week, Trump told PBS News that he supports “anything” to ensure “honest elections.”
Federal law prohibits federal troops, agents, or law enforcement from interfering with voting.
Here’s everything you need to know so that you can be prepared if you experience or witness voter intimidation:
What is voter intimidation?
Voter intimidation can take many forms. It includes but is not limited to explicit physical or verbal threats and interrogation, as well as tactics like photographing or recording voters. This applies inside and outside of a polling place, as well as in county boards of election offices and at mail ballot drop boxes. A more comprehensive list of intimidation tactics covered under the law is on the state’s website.
In Pennsylvania, the law also specifies that it’s illegal to coerce someone to vote or to refrain from voting, to interfere with a person’s ability to vote, or to block the entrance or exit of any polling place.
Election workers can also be subjected to intimidation. In 2022, the FBI and Department of Justice identified Pennsylvania as one of the top states for threats to election workers, based on reports made to a special task force.
However, intimidation and misconduct can be performed by anyone, including nonpartisan election workers and partisan poll watchers. The Pennsylvania Department of State has rules on what poll watchers — who are picked by political parties and campaigns — can and cannot do, as well as guidance for poll workers, to ensure that no voter is inappropriately challenged as they cast their ballot or is subjected to any sort of discrimination, intimidation, or misconduct.
Voter intimidation doesn’t exclusively occur at polling places. It can also happen via door-to-door canvassing, and include flyers or calls that intentionally disseminate incorrect or false election information, including details about voting time or place, to interfere with people being able to properly cast their ballot.
What does the law say?
Federal and state protections against intimidation cover the entire voting process, from registration to casting a ballot to counting votes, and apply to both the voter and election workers.
At the federal level, the Voting Rights Act and the Civil Rights Act, in addition to various other laws, make it clear that actual or attempted “intimidation” or “threats” against a person trying to vote are illegal. Committing this sort of behavior during a national election is a federal crime, and a person who intimidates voters during any election can be prosecuted by the Department of Justice.
In Pennsylvania, it is a felony in the third degree to “use or practice any intimidation, threats, force or violence with design to influence unduly or overawe any elector, or to prevent him from voting or restrain his freedom of choice.” Intimidating a voter can result in imprisonment for up to two years.
In addition to that law, the Pennsylvania Department of State has guidance on voter intimidation and discriminatory conduct, as well as rules for polling places on Election Day “to help voters, elections officials, attorneys and watchers understand their respective roles, responsibilities, and rights.”
Where’s the line?
A lot can happen inside and outside of a polling place, and it can be hard to discern what is allowed and what is not. Below are answers to some common questions about behavior at the polls:
Are guns allowed in polling places?
It depends on the polling place. Firearms are not allowed in polling places if they are housed in any of the following locations: a private property that forbids firearms, a school, a courthouse, or any other location where Pennsylvania law prohibits the carrying of firearms. This applies even if you are the lawful owner of a firearm.
Can I wear clothing in support of the candidate I’m voting for?
Yes, you can wear clothing, buttons, stickers, and more to show support for the candidate you’re voting for. However, campaigning for the candidate inside the polling place is not allowed and is considered electioneering.
Election officials and poll watchers cannot wear any partisan apparel, including buttons.
Is law enforcement allowed in polling places?
Pennsylvania law generally prohibits law enforcement officers from being within 100 feet of a polling place during voting hours. However, some exceptions exist, including for officers who are there to vote or have been called to respond to a disturbance.
What should I do if I experience voter intimidation or witness it?
If you are a victim of intimidation, or witness it, you should report it to the district attorney and your county election office, either online or by finding the phone number for your county board of elections.
You can also report any instances of voter intimidation, election fraud, or other election crimes to the Pennsylvania Department of State's voter hotline at 1-877-VOTESPA (1-877-868-3772) or file an election complaint online.
Once complaints are received, the Office of Attorney General can investigate and prosecute voter intimidation.
If you have an immediate concern for your safety or the safety of others, you should call 911.