Voters deserve to feel safe at their polling places, says county attorney

Jasper County Attorney Scott Nicholson said electioneering and voter intimidation will not be tolerated, especially with the rise of mainstream political discourse and after strong reactions to the 2020 presidential election results resulted in an attack on the Capitol .

In a recent interview with Newton News, Nicholson said both the Iowa Attorney General’s office and the Iowa Secretary of State’s office are increasing their awareness of the possibility of election crimes. As county attorney, Nicholson wants to take a proactive approach and has had many safety briefings with county officials.

“I don’t want people not going to the polls because they’re afraid of an encounter or fear of intimidation,” Nicholson said. “As voters, we should feel free and safe to go to our polling places and vote on Election Day. This year I’m just trying to make citizens aware of the law so they know what won’t be tolerated.”

For example, Nicholson said it is unacceptable to bully, intimidate, threaten, harass or even encourage others to vote for a particular candidate. Groups of people also cannot come to a voting round and actively promote their candidate if there are people in the establishment who have not yet voted.

Once someone has voted, he/she must leave the ballot box immediately. If they fail to do so, the county attorney’s office has the authority to prosecute individuals for a number of crimes, including: disorderly conduct, failure to disperse, unlawful assembly or rioting; the latter of which is a class D misdemeanor.

Here’s how the Iowa Code defines these charges and what their penalties are:

• A riot occurs when three or more persons come together in a violent and disturbing manner and use any form of unlawful force against another person or cause property damage. Individuals convicted of rioting, a class D felony, could face up to five years in prison.

• Unlawful assembly occurs when three or more persons come together and act in a violent manner and with intent to commit a public offense. Individuals who participate in the unlawful assembly may be charged with a serious crime, punishable by up to two years in prison.

• Failure to disperse occurs when people in or around an unlawful assembly or riot do not separate when ordered by law enforcement. Anyone within earshot of the order who refuses to obey commits a simple misdemeanor, which carries a maximum penalty of 30 days in jail.

• Disorderly conduct, a simple misdemeanor, occurs when one person fights in public or near a lawful assembly, makes loud noises near a home or public building that cause a disturbance, uses offensive epithets, or makes threatening gestures that could provoke violence or disrupt a lawful assembly. assembly.

Naturally, the penalties may be higher if there is material damage and/or physical damage as a result of the riot, unlawful assembly or disorderly behavior.

“We will prosecute these crimes when they are committed,” Nicholson said.

Nicholson has been county attorney for the past six years, but he has served in the county attorney’s office for more than 27 years. During that time, Nicholson doesn’t recall the Jasper County office prosecuting any form of election crimes or voter intimidation.

“I would discourage any voter trickery,” Nicholson said. “The voting place is where people come and feel safe, do their business, vote and then leave. If they want to have parties or gatherings on their own private property, that’s great. And feel free to do so, as long as it is within the bounds of our laws.”

Electoral crimes such as election misconduct are not handled by county attorneys, but by the attorney general. The Iowa Attorney General’s office has exclusive jurisdiction in prosecuting election crimes. But county attorneys can still deal with rioting, unlawful assembly, failure to disperse and disorderly conduct.

According to Iowa Code 39A.4, election misconduct primarily includes illegal acts that occur on Election Day, illegal actions by an elected official, and various other violations. Such illegal actions include loitering, congregating, electioneering, posting signs or soliciting votes within 300 feet of polling places.

It is also illegal to interrupt, hinder, or thwart a voter while at or approaching a ballot box to vote, as is interfering with voters attempting to mark a ballot. Political signs larger than 90 square inches on a motor vehicle or trailer parked on public property within 300 feet of a voting ballot are also prohibited.

Simply put, voters should go to the polls in plain clothes, speak to no one other than the poll workers, mark and submit their ballot, and leave.

“I want people to know they are safe when they vote,” Nicholson said.