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 the overall political discourse and after the strong reactions to the results of the 2020 presidential election resulted in an attack on the United States Capitol Building.

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 more heightened to the possibility of election crimes. As county attorney, Nicholson wants to take a proactive approach and has had many security briefings with county officials.

“I don’t want people to not go to the polls because they are afraid of an encounter or they’re afraid 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 point out the law to the citizens so they’re aware of what’s not tolerated.”

For instance, Nicholson said it is unacceptable to bully, intimidate, threaten, harass or even encourage others to vote for a particular candidate at polls. Groups of people also cannot arrive at a poll and actively promote their candidate if there are people in the establishment that have not yet voted.

When a person has voted, they are to leave the poll promptly. If they do not 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 felony.

Here is how Iowa Code defines these charges and what their penalties are:

• Rioting is when three or more persons assemble together in a violent and disturbing manner and use any kind of unlawful force or violence against another person or cause property damage. Individuals convicted of rioting, a Class D felony, could face a maximum of five years in prison.

• Unlawful assembly is when three or more persons assemble together and act in a violent manner and with the intent to commit a public offense. Individuals who join in as part of the unlawful assembly can be charged with an aggravated misdemeanor, which has a penalty of two years in prison.

• Failure to disperse is when people in or around an unlawful assembly or riot do not separate under orders from law enforcement. Any person who is within hearing distance of the command and refuses to obey commits a simple misdemeanor, which has a maximum sentence of 30 days in jail.

• Disorderly conduct, a simple misdemeanor, is when a single individual fights in public or near any lawful assembly, makes loud noises near a residence or public building that causes distress, directs abusive epithets or makes threatening gestures that could provoke violence or disturbs a lawful assembly.

Of course, penalties could be elevated if property damage and/or bodily damage occurs as a result of the riot, unlawful assembly or disorderly conduct.

“We will prosecute those crimes if they are committed,” Nicholson said.

Nicholson has been county attorney for the past six years, but he has served the county attorney’s office for more than 27 years. In that timespan, Nicholson cannot remember a time when the office prosecuted any kind of election crimes or voter intimidation crimes in Jasper County.

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

Election crimes such as election misconduct are handled not by county attorneys but rather the state attorney general. Iowa Attorney General’s Office has exclusive jurisdiction when prosecuting election crimes. But county attorneys can still handle riots, unlawful assemblies, failures to disperse and disorderly conduct.

According to Iowa Code 39A.4, election misconduct primarily covers illegal acts that occur on Election Day, illegal actions by an elected official and other miscellaneous offenses. 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 oppose a voter while in or approaching a poll to vote, as is interfering with voters trying to mark a ballot. Political signs bigger than 90 square inches in size on a motor vehicle or trailer that is parked on public property within 300 feet of a poll is also prohibited.

To put it simply, voters should go to the polls wearing plain clothes, not talk to anyone other than the poll workers, mark and submit their ballots and leave.

“I want people to know they’re going to be safe when they vote,” Nicholson said.