Voter groups disagree with attorney general over “threatening” letters to voters

Two nonprofits that work to increase voter participation on Friday denied claims by the Maryland attorney general that their election season mailings were “intimidating” and “threatening.”

To date, the Voter Information Center and Center for Election Participation have sent more than 3.5 million letters to Marylanders and more than 113 million citizens across the country urging them to vote this year. But the nonprofits have drawn the ire of residents across the country for what some recipients have called “vaguely threatening‘ language in writing.

The leaflet’s perforated edges read in bold: “Remember, who you vote for is private information, but whether you voted or not is public.” Below is a reminder that these nonprofits are watching: “We will review these records after the election to determine whether or not you joined your neighbors in voting.”

The emails also contain personal information such as names, addresses and whether people voted in the 2016 election, all public records. It is not publicly known which candidates people voted for.

State Attorney General Anthony G. Brown sent the nonprofits a cease-and-desist letter Thursday night, ordering them to stop sending the letters or face legal action. The actions, Brown wrote, were intimidation tactics that sought to influence choices and voting methods in ways that violated state and federal voting laws. Under the Voting Rights Act, intimidation or coercion in any part of the voting process is illegal.

In the same letter, Brown also linked the nonprofits to text messages sent to people in other states that allegedly said, “After the election, we will share a report on those who did not vote.”

However, in a rebuttal letter to Brown Friday, the nonprofits said they were not involved in the text messages. They also called Brown’s message a violation of their efforts to increase voter turnout.

“It is not ‘intimidation’ or ‘threat’ to promote voting by discussing the level of participation in a neighborhood and stating that records will be reviewed after the election to determine whether the recipient joined his neighbors in voting,” wrote Scott E. Thomas, a lawyer who represents non-profit organizations.

The nonprofits said their work in Maryland is done this year.

“VPC and CVI have no current plans for additional mailings in Maryland during this election cycle,” Thomas wrote. But, he noted, some are still in the postal service stage and headed for homes in Maryland. “VPC and CVI will continue to promote voting in a constitutionally protected and legal manner.”

The attorney general’s office acknowledged the response Friday and said in a statement that they were “satisfied that the organization will not inappropriately contact voters after this election to inform them or their neighbors of their voting results.” The office said it would not take any legal action.

Tom Lopach, the nonprofit’s president and CEO, previously told The Baltimore Banner that the companies will only use the information to identify people to whom they will send follow-up mailings in future election cycles. The groups sent low- and moderate-propensity voters four to seven letters before they finally voted, he said.

This is a critical story that may be updated.