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

November 1. Jasper County District Attorney Scott Nicholson said election campaigning and voter intimidation will not be tolerated, especially amid heightened political discourse and after the backlash over the 2020 presidential election results led to an attack on the United States Capitol. building.

In a recent interview with the Newton News, Nicholson said both the Iowa Attorney General’s Office and the Iowa Secretary of State’s Office are paying more attention to the possibility of election crime. As county attorney, Nicholson wants to be proactive and has conducted many security briefings with county officials.

“I don’t want people to not go to the polls because they’re afraid of meeting or they’re afraid of intimidation,” Nicholson said. “As voters, we should feel free and safe to come to our polling stations and vote on Election Day. This year, I’m just trying to point out the law to the citizens so they know what’s unacceptable.”

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

Once a person has voted, they must immediately leave the poll. If they fail to do so, the district attorney’s office has the authority to prosecute individuals for a number of crimes, including: disorderly conduct, disorderly conduct, unlawful assembly or disorderly conduct; the latter of which is a Class D felony.

Here’s how the Iowa Code defines these fees and their penalties:

— A riot is when three or more persons assemble together in a violent and disorderly manner and use any kind of unlawful force or violence against another person or damage property. Those convicted of rioting, a Class D felony, can face a maximum of five years in prison.

—Unlawful gatherings are cases when three or more people gather together and act with violent methods with the aim of committing a public offense. Persons who join an unlawful assembly may be charged with an aggravated felony, punishable by up to two years in prison.

– Non-dispersion is when people participating in or around an illegal assembly or riot do not disperse when ordered by law enforcement agencies. Any person within earshot of the command who refuses to comply commits a common misdemeanor, which carries a maximum penalty of 30 days in jail.

— Disorderly conduct, a common misdemeanor, is fighting in a public place or near any lawful assembly, making a loud noise near a dwelling or public building causing disturbance, using offensive epithets or threatening gestures likely to provoke violence or to interfere with a lawful assembly.

Of course, the penalties may be increased if property damage and/or bodily injury occur as a result of riots, illegal gatherings, or disorderly conduct.

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

Nicholson has been the district attorney for the past six years, but he has worked in the district attorney’s office for more than 27 years. During that time, Nicholson cannot recall the office prosecuting any election-related crimes or voter intimidation in Jasper County.

“I would not recommend that any voter engage in fraud,” Nicholson said. “The polling place is for people to come and feel safe, go about their business and vote, and then leave. If they want to hold celebrations or rallies on their private property, that’s great. And feel free to do so if it is within the limits of our laws.”

Election crimes, such as election misconduct, are not handled by district attorneys, but rather by state attorneys general. The Iowa Attorney General’s Office has exclusive jurisdiction over the prosecution of election crimes. But district attorneys can still deal with rioting, unlawful assembly, disorderly conduct and disorderly conduct.

According to Iowa Code 39A.4, election misconduct primarily covers illegal activities that occur on election day, illegal activities by an elected official, and other miscellaneous offenses. Such illegal activities include loitering, crowding, canvassing, posting signs, or collecting votes within 300 feet of polling places.

It is also prohibited to interrupt, hinder or oppose a voter during voting or to approach the polling station, as well as to interfere with voters trying to mark the ballot. Political signs larger than 90 square inches on cars or trailers parked on public property are also prohibited.

Simply put, voters should go to the polls in civilian clothes, not talk to anyone except for the polling station staff, mark, hand in the ballot and leave.

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