When circumstances are such that citizens feel they cannot turn out to vote, that’s a form of voter disenfranchisement. To me, it’s one of the most subversive, horrible things than can happen in a democracy.
That’s why I joined my Senate colleagues last week to pass a bill to enact common-sense rules about what can and cannot happen at the polls. These rules protect voters from intimidation and empower our election wardens to maintain order at the election site.
Many voters in southern Maine will know why this bill is an emergency. With so many citizen initiatives and a presidential vote on deck, 2016 is shaping up to be one of the most consequential election years we’ve seen. But if last year was any indication, the risk for potential voter intimidation was high.
In 2015, at polling places across southern Maine, so-called “Second Amendment activists” filmed voters as they signed a petition to put a citizen initiative on the ballot that would ask Mainers whether to expand the state’s firearm background check law. The Secretary of State’s office reported that many voters called in to say the activists got between voters and the petitions, pointed their cameras in the voter’s faces and demanded they identify themselves for the camera.
Whether these aggressive tactics were meant to intimidate voters away from petitions or not, they almost certainly did. Unfortunately, without any laws on the books regarding video recording at the polls, election wardens said they felt unable to address the situation.
Many called for banning the use of video cameras in the polling place, but the question of what kind of activities to allow at the polls is more complicated than it may seem. There are First Amendment rights to consider – not only of the people there to cast ballots, but of election observers and activists as well.
The law we passed respects the rights of both activists and voters by establishing a 15-foot minimum distance between activists wielding video cameras and the people they would record. This ensures the unfettered ability of the voter to do what they came to do – their civic duty. Most importantly, it provides election wardens with a rule they can enforce.
The bill was passed unanimously in both the House and Senate, and has been sent to the governor. He should sign it. It’s a responsibility of all of us in Augusta to ensure that every voter – not matter who they are – is not needlessly harassed at the polls on Election Day.
— Sen. Linda Valentino, D-Saco, represents Maine Senate District 31, which includes Hollis, Limington, Old Orchard Beach, Saco and part of Buxton.
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