CONLEY COMMENTARY (WSAU) – Beware of politicians who make up the law as they go along.
The latest example is Wisconsin’s Attorney General Josh Kaul. He issued an advisory last week that intimidation at polling places won’t be tolerated on Election Day. And then he gave a list of what he considers intimidation. And most of the actions are legal.
What’s on the list?
Confronting voters while wearing official-looking uniforms.
Appearing to patrol or survey election lines.
Taking pictures of people lining up to vote.
Monitoring people coming to and from their cars.
Copying down people’s license plates.
The problem is, all of those are legal activities. For instance, suppose an unmarked van pulls of at a polling place. The door slides open and a dozen people get out. None are registered voters; all request same-day voter registration. If an election monitor is present, they might indeed want to scrutinize these people. Do they have proper ID? Did they give their addresses. An election monitor might indeed use google street maps to see if an address is legitimate. Is there an actual dwelling there? You might also be curious about the person who drove them. Is asking the driver who they are or who they work for unreasonable? (The driver is free to tell you to get lost.) You’d be free to copy down the license plate to see who the vehicle is registered to.
The most publicized case of voter intimidation was an incident in Philadelphia in the 2008 presidential election. Members of the New Black Panthers stationed themselves outside a polling location, trying to intimidate white voters. “You’re about to be ruled by a black man,” one of them said while holding a billy club. Other voters were called “white devils”. The incident was investigated. And Eric Holder, who led Barack Obama’s justice department, declined to pursue the case.
Voter intimidation is a felony. It’s a serious offense. Our Attorney General is wrong to list legal activities as things he might prosecute.
Chris Conley
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