Armed Militias And Poll Watchers: Know The Laws In North Carolina

NORTH CAROLINA — At the first presidential debate between Donald Trump and Joe Biden, President Trump used the stage to call for volunteers to stand watch at November election polls, once again citing his evidence-free claim that U.S. elections are “rigged” or fraudulent.

The call to monitor polling places prompted an enthusiastic response from known neo-Nazis and right-wing activist groups.

“I got shivers,” Andrew Anglin, the founder of the neo-Nazi website the Daily Stormer, wrote in a post the day after the debate. “I still have shivers. He is telling the people to stand by. As in: Get ready for war.”

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The president’s call also sparked trepidation among state election and law enforcement officials, who now are preparing for the threat of voter intimidation, arrests and even violence on Election Day.

Poll watchers have historical significance in both North Carolina and U.S. elections.

In an op-ed for the Washington Post, former Republican lawyer Benjamin Ginsberg called poll watchers “fundamental” to the election process — but if Trump’s calls are heeded, the Republican Party would see the type of activity at polling places it has sought for years to avoid.

“Should Trump seek to delegitimize the presidential election, he would most likely begin by causing delays and chaos in precincts that voted heavily against him in 2016. His most obvious tactic would be having the RNC instruct its poll watchers to abandon their traditional role and, instead, lodge mass challenges both as voters cast their ballots and then as mail ballots are tabulated,” Ginsberg wrote.

While it’s unclear what activities to expect at Election Day polls in North Carolina, each state has laws barring unauthorized private militia groups, according to the Institute for Constitutional Advocacy and Protection at Georgetown University.

According to federal law, voter intimidation is prohibited. In fact, the right of each voter to cast his or her ballot free from intimidation or coercion is a foundational principle of a free and democratic society.

The institute at Georgetown recently compiled fact sheets detailing federal and state statutes on voter intimidation. Sheets also outline what to do if groups of armed people are near a polling place or voter registration drive.

Here’s a look at the laws in our state, according to Georgetown Law's Institute for Constitutional Advocacy and Protection:

• A private militia that attempts to activate itself for duty, outside of the authority of the state or federal government, is illegal.
• The Second Amendment does not protect private militias.
• The North Carolina Constitution forbids private military units from operating outside state authority.
• State law also makes it illegal for groups of people to organize as private militias without permission from the state.
• Additionally, it is a felony to engage in any paramilitary activity, such as teaching the use of a firearm to be used in civil disorder.

Here's what you should do if you see an armed group near a polling place or voter registration drive, according to ICAP:
First, document what you see:

• What are the armed people doing?
• What are the armed people wearing?
• Are they carrying firearms? If so, what type? If not, are they carrying other types of weapons?
• Are they wearing insignia? If so, what does it say or look like?
• Are they bearing signs or flags?
• Do they seem to be patrolling like a law enforcement officer might do?
• Do they seem to be coordinating their actions?
• Do they have a leader?
• Are they stopping or talking to people outside of their group?
• Do they appear to be provoking or threatening violence? If so, what are they doing specifically?
• Are people turning away from the polling station after seeing or speaking with them?

Second, call Election Protection at 866-OUR-VOTE (866-687-8683) to report what you see.

Read more about North Carolina laws regarding unlawful militias here.

SEE ALSO:

• 2020 Election: NC Absentee Ballot Requests Up 11 Times Over 2016
• Voter Registration Day 2020 In North Carolina: 5 Things To Know
  
• FBI Charlotte Warns About Election Disinformation Campaigns
  
• Trump Tells Supporters To Vote Twice, Which Is A Felony In NC