Guidance on Voting Location Conduct

Free and fair elections are the foundation of our democracy, and Arizona’s election officials are committed to ensuring all eligible Arizonans can exercise their right to vote. The Secretary of State’s Office is providing the following guidance to: (1) educate voters, poll workers, observers, political parties, and other interested citizens about their respective roles, rights, and responsibilities and key voting location rules; (2) discourage unlawful voter intimidation and suppression; and (3) encourage voters to report suspected violations.

Persons permitted inside the 75-foot limit of the voting location

Arizona law prescribes a 75-foot perimeter around each voting location to create a safe place to vote. Only the following persons are allowed inside the 75-foot-limit (A.R.S. § 16-515):

• Voters who are voting (may be accompanied by their children and/or someone to assist the voter);
• Election officials;
• Credentialed political party observers; and
• Authorized U.S. Department of Justice observers (for example, as required by court order).

Activities prohibited inside THE 75-foot-limit

To ensure a safe and secure voting experience for all Arizonans, the following activities are prohibited inside the 75-foot-limit of any voting location. If you experience prohibited activities in the 75-foot limit, inform a poll worker. Poll workers will generally be stationed inside the 75-foot limit. If you cannot find a poll worker, call the Secretary of State’s Office at 1-877-THE-VOTE. We will use the information you provide to contact the appropriate county election officials to help resolve the issue.

1. Electioneering

   It is unlawful to conduct campaign-related activity (electioneering) within the 75-foot limit. This includes handing out campaign literature, talking to voters or poll workers about candidates or issues, or otherwise attempting to influence the election. If the voting location has an "emergency" designation, electioneering is prohibited anywhere on-site, even outside the 75-foot limit. A.R.S. § 16-411(H); A.R.S. § 16-515; A.R.S. § 16-1018.

   A voter is permitted to wear clothing with a political message inside the 75-foot limit, but poll workers, observers, and election officials may not. A.R.S. § 16-515(F).

2. Carrying firearms and weapons

   Arizona law prohibits private citizens, even if properly licensed, from entering the 75-foot limit of a voting location with a weapon. Further, since many voting locations are located in schools, it may be unlawful to bring a firearm on school property, even outside the 75-foot-limit. A.R.S. § 13-3102(A)(11)-(12).

   Openly carrying a firearm outside the 75-foot limit is also problematic and likely to result in unlawful voter intimidation. Additionally, any aggressive or ostentatious display of a weapon will almost certainly constitute an act of intimidation.

   Arizona’s election officials seek to ensure voting locations are not only safe, but also free of intimidation. If you are coming to a voting location for any reason, please leave any weapons at home or in your vehicle.

3. Taking photographs and videos

   While taking photos of your early ballot from home ("ballot selfies") is permissible, taking any photos or videos in a voting location inside the 75-foot limit is prohibited and punishable as a misdemeanor. A.R.S. § 16-515(G)-(H); A.R.S. § 16-1018(4).

   Further, much like the open display of firearms, taking photos or videos outside the 75-foot-limit may have an intimidating effect on voters entering or exiting the voting location if done in an aggressive, threatening, or harassing way. Filming voters based on race, ethnicity, religion, or political affiliation is inappropriate.

   If you find it necessary to film to document the commission of a crime or other election-related violation, please consider informing a poll worker first.

Voter Challenges

All eligible voters are entitled to exercise their right to vote free from harassment and intimidation from baseless challenges to voter qualifications. Arizona law permits only a qualified elector of the county to challenge a voter’s eligibility to vote, and political party challengers must be previously designated and credentialed as observers by their party. A.R.S. § 16-590; A.R.S. § 16-591.

A qualified elector challenging a voter’s eligibility must have clear and convincing evidence that:

• The voter has voted before in that election;
• The voter is not the person whose name appears in the roster/e-pollbook;
• The voter has not resided in Arizona (or the relevant locality) for at least 29 days before the election;
• The voter is registered at an address that is not permitted for registration purposes; or
• The voter is not otherwise a qualified elector, for example, the voter does not live within the proper electoral district or is not at least 18 years old.

Challenges must be directed to poll workers, and challengers shall not directly confront voters or question voters about their voting qualifications. Challenges must be promptly decided in the voting location by a board made up of the inspector and two judges, pursuant to applicable law and the Elections Procedures Manual.

• The voter must be permitted to vote a regular ballot if: (1) the voter appears to be registered and takes the prescribed oath, or (2) a majority of the board finds the challenge invalid.
• The voter must be permitted to vote a provisional ballot if: (1) the voter refuses to take any oath; (2) the voter refuses to answer the inspector’s questions material to the challenge; or (3) a majority of the board finds the challenge is valid.

Critically, challenges based in whole or in part on race, national origin, appearance, surname, language, or religion are not permitted, and violate federal anti-discrimination laws. Repeated challenges without a sound basis that delay voting, challenges that are otherwise intended to intimidate or prohibit qualified voters from voting, or challenges that involve additional confrontational or harassing behavior may amount to unlawful voter harassment and intimidation and warrant removal from the voting location.

DISCRIMINATORY CONDUCT AND Voter Intimidation

Discrimination against voters based on race, ethnicity, national origin, language, religion, or disability is punishable under law. Even in the absence of discrimination, any attempt to intimidate, coerce, or threaten a person to vote or not vote is strictly prohibited and may be criminally punishable.

Examples of activity that may amount to intimidation, whether in or outside the 75-foot limit, include:

• Aggressive or ostentatious display of weapons;
• Aggressive behavior, such as raising one’s voice or taunting a voter or poll worker;
• Using threatening, insulting, or offensive language to a voter or poll worker;
• Blocking the entrance to a voting location or disrupting voting lines;
• Intentionally disseminating false or misleading information at a voting location, such as flyers or communications that misstate the date of the election, hours of operation for voting locations, addresses for voting locations, or similar efforts intended to disenfranchise voters;
• Impersonating a law enforcement officer, or otherwise wearing clothing, uniforms or official-looking apparel, intended to deter, intimidate, or harass voters (see also A.R.S. § 26-170, prohibiting unauthorized wearing of national guard or U.S. armed forces uniform);
• Directly confronting or questioning voters in a harassing or intimidating manner, including asking voters for "documentation" or other questions that only poll workers should perform;
• Raising repeated frivolous voter challenges to poll workers without any good faith basis, or raising voter challenges solely based on race, ethnicity, national origin, language, religion or disability; or
• Posting signs or communicating messages about penalties for "voter fraud" in a harassing or intimidating manner.

In sum, any activity that has the intent or effect of threatening, harassing, or intimidating voters—whether in or outside of the 75-foot-limit—is unlawful and should be strictly enforced by election officials, including with assistance from law enforcement if necessary. 52 U.S.C. §§ 10101(b), 10307(b); A.R.S. §§ 13-1202, 16-1013.

Reporting voter intimidation and other unlawful conduct

If you witness voter intimidation or other unlawful conduct at the polls, we recommend the following steps:

• First, inform a poll worker at the voting location, who will work to resolve any problems and call county election officials and/or local law enforcement if needed. However, if you or anyone else is in immediate danger, call 911 first and then inform a poll worker if possible.
• Document what you see as much as possible, including the who, what, when, and where of the incident. (But keep in mind that taking photos or video is prohibited inside the 75-foot limit of a voting location.)

You can also call 1-877-THE-VOTE. We will follow up with county election officials and federal, state, or local law enforcement entities if needed.