Voter intimidation is a recurrent problem that, like so many other aspects of our election system, provokes sharply polarized reactions along party lines.
Of particular current interest are the activities of Tea Party-affiliated groups like True the Vote that ostensibly seek to promote electoral integrity but, in the eyes of critics, threaten to intimidate racial minorities, students, and other Democratic-leaning voters.
Of particular interest is Section 11(b) of the Voting Rights Act (“VRA”), which prohibits intimidating, threatening, or coercing voters. This statute was designed to dispense with any requirement of intent, including both racially discriminatory intent and an intent to intimidate.
CLICK HERE to read the 11 page (PDF) Daniel P. Tokaji's Public Law and Legal Theory Working Paper.
This working paper series is co-sponsored by the Center for Interdisciplinary Law and Policy Studies at the Moritz College of Law.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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