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Federal court enjoins unlawful voter intimidation at ballot drop boxes

Published on 11/2/2022

Following a hearing in a suit brought by the League of Women Voters of Arizona (LWVAZ), on November 1 a federal court issued an order to block unlawful voter intimidation at ballot drop boxes.

The order will block Defendants Melody Jennings and Clean Elections USA and affiliated individuals from (1) carrying guns or wearing body armor near a ballot drop box; (2) confronting or following voters when they are casting ballots or near a drop box; (3) photographing voters who are within 75 feet of a drop box; and (4) releasing voters’ personal information in connection with a claim that they committed voter fraud. The order will also bar defendants from making false statements about the legality of depositing multiple ballots in a drop box, and require defendants to post information on their website and social media that it is legal in Arizona to deposit multiple ballots in a drop box under some circumstances.

“Today’s U.S. District Court decision is a victory for the voters of Arizona who have the right to cast their ballots free from intimidation, threats, or coercion,” said Pinny Sheoran, President of the League of Women Voters of Arizona. “The League of Women Voters of Arizona is proud to have challenged activities that are presently interfering with voters’ right to cast a ballot safely and without fear, and we encourage voters to continue using drop boxes to vote."

At the hearing, the LWVAZ—represented by Protect Democracy and Osborn Maledon, P.A.—presented evidence about the impact of intimidation on voters who experienced it directly. This included the testimony of voters who felt they could not use drop boxes because of the likelihood of confronting armed surveillance, being accused of breaking the law, or being doxxed simply for exercising their right to vote.

“The brave voters who came forward today offered powerful testimony about the harm that voter intimidation wreaks on our democracy,” said Orion Danjuma, Counsel at Protect Democracy. “The court’s order today recognizes the importance of the federal laws that ensure voters’ ability to participate in democracy without fear, and strikes an appropriate balance between protecting voters from intimidation and not infringing First Amendment rights.”

To view the judge's written order, Click here

For more information about this lawsuit, visit Protect Democracy's website, which is updated regularly and includes case documents—like the filed complaint and the U.S. statement of interest—as well as press coverage of the case.

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The League of Women Voters of Arizona encourages informed and active participation in government, works to increase understanding of major public policy issues, and influences public policy through education, and advocacy.