I had to report Voter intimidation in Idaho. Here is my guide for other Idahoans.
If you see something say something. No action is the wrong action. These are two of the important lessons that I have learned as a grassroots organizer in Idaho. I have thought long and hard about writing this post, but on the Saturday before Election Day, it is clear that I must come forward and share my story.
This is a long post for Idaho voters to use on Election Day if they come across armed or unarmed intimidation at the polls. As far as I am aware, I am the only person in recent elections who has reported the possibility of voter intimidation by armed Citizens and it is my personal responsibility to share this experience and the knowledge I gained in that situation, as we continue to experience a vacuum of leadership in the fight against extremism.
Currently, there is no accurate reference guide for constituents who might come across voter intimidation at the polls. Federal Law enforcement has been very clear, voter intimidation threats are real and it’s a real threat to our democratic process. (FBI 9/24/2020 DHS Homeland Threat Assessment Oct. 2020 ) This paired with recent court decisions in other states like Michigan, an opinion written by Idaho Attorney General Lawrence Wasden this week clarifying open carry at the polls, and the complete lack of information from leadership on the matter, I have no choice but to inform my community about the steps they should take against vigilante efforts on November 3rd, 2020. At the end of this post, you will find a more convenient graphic to guide you through the actions we need to take as Idahoans when we come across armed or unarmed voter intimidation at the polls. This is my firsthand experience, these views are my own, I was not asked to write this blog post, and I am not being compensated for writing it.
Year after year, I take Election Day off to be available for Bonner County voters who need assistance at the polls. I do this in no formal capacity, but over the years, people just knew I was watching the election accountability and knew they could call me for help. In the past, I have escorted voters into the polls who have been turned away for bogus reasons, I drive folks to the polls who can’t get there on their own, I have protected the first amendment rights of grassroots volunteers to LEGALLY collect signatures near polling locations, I take at least one new voter to the polls for the first time in every election, but in recent years, it’s been more like five new voters. Helping people vote is the most fulfilling volunteer action that I take.
On June 2nd, 2020, our last day to hand deliver absentee ballots to our only polling location, I had to do the unthinkable when Bonner County Commissioner Dan McDonald called for citizens to protect the county administration building from what turned out to be local high school students peacefully protesting systemic racism in support of the Black Lives Matter movement, not “Antifa Radicals,” being bussed in from metropolitan areas, in white vans, to our small rural town of Sandpoint, Idaho.
One of our local firefighters alerted me to Commissioner McDonald’s request for protection at the administration building 31 minutes after he posted it. I grabbed a screenshot and decided to take immediate action. I knew that this post made by an elected official would attract armed citizens to our only polling location (due to Covid-19 public mandates), on the last day to drop off ballots. I knew this would intimidate voters from delivering their ballots and that is wrong, so I took action. I learned a lot about who enforces electioneering laws in Idaho that day and until now, there are no accurate reference materials for voters that include the Idaho chain of command, which is an important step Idahoans need to take to combat election interference, as it could prevent expensive litigation that taxpayers foot the bill for.
When it was clear that I needed to do something to protect the integrity of our local election, I wasn’t sure what to do. It’s okay to be clueless in these situations. This is the United States of America, where our right to vote without intimidation is protected. We haven’t had to deal with this type of fundamentalist voter intimidation, ever. My reaction was the normal reaction. The, “WTF do I do now?” reaction.
I called the Idaho Secretary of State’s office to ask them what to do, and I was comforted when the very helpful SOS employee took my inquiry seriously and put me on hold for 15 minutes while she got an answer for me. I would like to note right now, I am a huge fan of the resources and assistance our Idaho Secretary of State’s office provides to voters. They are kind, honest, and helpful. I have never had a negative experience working with our Idaho Secretary of State and I would like to thank Lawerence Denney and his team for their service to our state and always transparent attitude.
After explaining the situation, I asked, “What should I do if one of my County Commissioners is calling for vigilante protection at our only polling location on the last day to drop off ballots?” When she got back on the phone with me, she very clearly told me what actions I needed to take.
- Determine which electioneering violation is being committed.
- Call your local dispatch to report the violation.
- If no action is taken by local law enforcement, or if you do not get contacted by local law enforcement regarding the violation, call the Idaho Secretary of State, and they will pursue action, if deemed necessary.
So, that’s what I did. I got off the phone with Secretary Denney’s office and got on the phone with Bonner County dispatch to express my concerns over armed Citizens within 100’ of a polling location and the post Commissioner Dan McDonald made from his personal Facebook page, during business hours, asking for protection by Citizens against BLM protesters. Because protesting or counter protesting within 100’ of a polling location on Election Day is illegal. You cannot electioneer within 100’ of a polling location according to Idaho State statute. (Section 18–2318)
It wasn’t even three minutes after that phone call to Bonner County dispatch that Commissioner Dan McDonald updated his original post, added a graphic, guiding the request for protection to a new location. It was pretty obvious that someone contacted the Commissioners to inform them that it was illegal, as the change was an instantaneous response to my call. Nobody from any local law enforcement ever contacted me, even though I requested for them to do so.
While waiting for a police officer to call me, although they never did, I decided to call the Idaho ACLU to inform them of the actions taken by Bonner County Commissioner Dan McDonald. I had to leave a message, but 15 minutes a lawyer called me back to take my statement. I took this additional action because of my repeated and regular experience with local law enforcement not enforcing electioneering laws in my community.
June 2nd, 2020 marked the beginning of several days of armed vigilante patrols in Sandpoint, Coeur d’Alene, and several other communities across the U.S. Something that most normal Americans recognized as illegal or domestic terrorist activity. That’s when we pooled our people power and started calling additional lawyers for assistance. Police Chief Cory Coon of Sandpoint Police Department (City of Sandpoint — Community Conversation with Chief Coon June 5th, 2020 Facebook) and other local officials (City of Coeur d’Alene Mayor and City Council) ended up thanking armed vigilantes, which I personally find offensive and abusive to Idaho Citizens. We don’t live in an occupied state, we aren’t living through war times on U.S. soil, there is no violent threat coming from any progressive movement in Bonner County or surrounding communities, and it was completely horrifying to watch known anti-government fundamentalists flank our children with semi-automatic weapons as they marched peacefully.
The Institute for Constitutional Advocacy and Protection (ICAP) at Georgetown Law University, stepped in to offer assistance as a result of group Citizen efforts to draw attention to the incident in Bonner County (Letter from ICAP to City of Sandpoint June 19th, 2020 ) Unfortunately, after all of that hard work to bring resources to combat fundamentalism in our community, the assistance was denied by the Sandpoint City Council members (City determines help from ICAP unnecessary). ICAP has since begun litigation against armed vigilante groups in other states, such as New Mexico and they have created a guide for voters in each state regarding steps that should be taken if they come across armed intimidation at the polls. I find this guide helpful but lacking in the general understanding of what we must do first, within our own processes and chain of command in Idaho.
You see, the actions I took on June 2nd, 2020 forced Commissioner Dan McDonald to guide armed vigilantes away from the polling location within an hour, preventing possible voter intimidation. Because of my singular action, we avoided armed voter intimidation at our only polling location, but we also avoided potential COSTLY litigation that lands on the backs of Idaho taxpayers every time. Litigation needs to be a last resort, after all actions have been exhausted within the chain of command, not a first action, as is being advocated by those with interest in pursuing these lawsuits.
Let me be clear, lawsuits are likely going to happen if our community police departments and elected officials continue their pattern of non-enforcement of electioneering laws and non-enforcement of paramilitary activity in Idaho. We are coming upon the last resort stage of action, as we are not seeing any meaningful protection from fundamentalism in our communities.
So, here it is. My guide to staying safe and combatting armed or unarmed voter intimidation at the polls. ALWAYS CALL 911 WHEN FACED WITH IMMEDIATE VIOLENCE.
1. It’s legal to wear your Biden or Trump t-shirt to the polls. Consider leaving your swag at home this year to reduce the opportunity for intimidation from bad actors looking to cause trouble.
2. Rely on technology for evidence. If you show up to your polling location and there are armed patrols, use your smartphone camera to take a photo or video. Try to do this inconspicuously, as this may be a reason for armed vigilantes to harass you. If you do not feel comfortable risking the exposure, jump to the next step.
3. Make a written notation of how many armed individuals are at your polling location, document any signs, insignias they are wearing, license plates of vehicles they may be driving, or messages being relayed verbally. If you know about firearms, document the types of weapons being brandished.
4. Act normal. Fundamentalists are looking for a fight against people they perceive to be political enemies or threats to a free and fair election. If you are pleasant and not confrontational, vigilantes will have no reason to engage and will not give you any hassle. Simply pretend they are not there.
5. Call 911 if you are experiencing violence or intimidation immediately. Be sure to request follow up contact from local law enforcement, as the Idaho Secretary of State will ask you if you have taken this action. Here are all of the Idaho laws you can reference when calling:
a. There is electioneering happening within 100’ of my polling location and that is illegal in Idaho
b. There is an armed patrol at my polling location paramilitary activity is illegal in Idaho
6. In the event local law enforcement takes no action, call the Idaho Secretary of State.
- Telephone: (208) 334–2852
- Email: elections@sos.idaho.gov
- Website: https://sos.idaho.gov/elections-division/
7. In the event the Idaho Secretary of State is unable to remedy the situation, three Assistant U.S. Attorneys have been assigned to Idaho on election day.
- Southwestern Idaho, call AUSA Patricco at (208) 334–9118
- Southeastern Idaho, call AUSA Haycock at (208) 251–0589
- North Idaho, AUSA Whelan at (208) 676–7344.
8. If you feel that the voter intimidation has continued with no action after all the steps, that’s when it’s time to prepare for litigation.
As an IMPORTANT side note, Idaho Attorney General Lawrence Wasden clarified open carry gun laws at polling locations this week. If you see a Citizen voting with a holstered weapon, going about their business, traveling from point A to point B. Not patrolling, just living. They are 100% within their right to do so. DO NOT REPORT CITIZENS WHO ARE RESPECTING 2nd AMENDMENT AND ELECTIONEERING LAWS. This guide is reserved for intimidation and patrolling at the polls.
It is our responsibility as Idahoans to protect our elections without intimidation or violence and we must pursue all options to remedy voter intimidation at the polls without jumping straight to costly future litigation Idahoans are tired of paying for. I am speaking from experience, your one action, taken safely and responsibly can prevent and protect us all from armed or unarmed voter intimidation on Election Day 2020.
While I am putting this guide out for all Idahoans, I am advising my Bonner and Boundary County neighbors in Idaho District 1 to take all of the actions listed. We have numerous elected officials, current and retired law enforcement, as well as paramilitary actors in our communities who support fundamentalist narratives, actions, and conspiracy theory. The only way we win is by documenting and reporting as loudly as we can until someone hears us in Idaho leadership, or we are forced to take legal action on our own. The likelihood of experiencing violence or intimidation at the polls is LOW. All the organizers who would be a likely target of violence voted early to avoid being a catalyst for violence at the polls on Election Day. Avoid interacting with bad actors, and you are going to be just fine. Please, don’t be scared to go vote.
I won’t be in Idaho this Election Day. Like several other Idahoans experiencing real threats of political violence, paired with unsafe public health conditions and max capacity hospitals during a global pandemic, I decided to go somewhere safer for a bit until the dust settles. If you need me on Election Day, I will still be available by phone or email. Stay safe, Idaho. I love you.
#TaterTotTaliban #YallQaeda #VanillaISIS #RejectRedoubt #FightFundamentalism #BABEVOTE
