No one in America should ever be threatened with guns while exercising their right to vote. Yet there is currently no federal law prohibiting the presence of firearms at polling places.

Gun violence prevention advocates can and should continue to call on Congress to pass legislation to ensure gun-free polling places. Meanwhile, state and local officials can enact common-sense policies to prevent armed voter intimidation and protect the integrity of our elections.

Armed intimidation at the polls is voter suppression, plain and simple. This undemocratic form of harassment is unlawful and is an affront to our safety as well as the integrity of America's free and fair elections. Voters of all political leanings must condemn these efforts and join gun violence prevention advocates and voting rights advocates in urging local, state, and federal officials to uphold the integrity of our elections and democracy.

Jump to More Ways to Act

Voter intimidation, including armed intimidation, is not only unlawful, but it also fundamentally threatens our constitutional right to freely participate in elections. Under federal law, voter intimidation is defined as the use of threats, coercion, or attempts to intimidate for the purpose of interfering with the right of another person to vote or to vote for the person of their choosing.

Voter intimidation can take on multiple forms, including verbal aggression, disrupting voting lines, or spreading false election-related information about details like voting deadlines and polling hours. It also includes asking voters for “documentation” and challenging a person’s voting eligibility based on race, ethnicity, national origin, language, religion, or disability as an attempt to disenfranchise them.

Learn Your State's Laws Against Armed Voter Intimidation

There is currently no federal law prohibiting the presence of firearms at polling sites. Instead, regulation is left to the states, a large majority of which allow guns to be carried in and around a polling place.

The Institute for Constitutional Advocacy and Protection (ICAP) at Georgetown University has fact sheets for all 50 states on the laws barring unauthorized private militia groups and what to do if groups of armed individuals are near a polling place or voter registration drive. Visit ICAP to learn more and look up state laws.

In the absence of a federal law keeping voters safe while they exercise their democratic right at polling places, states are rising to meet the moment. Sixteen states and the District of Columbia have laws prohibiting firearms at polling places, and many of these laws have passed in recent years specifically in response to an increase in voter intimidation. Visit this resource compiled by our partners at Giffords to find out if your state protects polling places.

We can take sensible action to guard against threats of armed voter intimidation.

The risk of armed intimidators at the polls is not an abstract concern — it is an unfortunate reality that is being perpetuated by leaders who are emboldening, rather than denouncing this type of behavior, and it must be thoughtfully and firmly addressed immediately to prevent further violence and voter suppression. Especially at a time when America is experiencing political violence, unchecked guns at polling places can have fatal consequences. In recent years, firearms carried by private citizens at protests led to deadly outcomes in Kenosha, Denver, Portland, Seattle, Louisville, and more.

While intimidation at polling places is not a uniquely American problem, the rise in U.S. gun ownership paired with growing ideological divides is aided by self-described “militia” groups across the country. Since the start of the COVID-19 pandemic, we have seen heavily armed “militias” brandishing firearms in and around statehouses, opposing public health orders, and threatening those participating in demonstrations against police violence.

These armed individuals pose a palpable threat to our nation’s democracy. On January 6th, 2021, the United States Capitol experienced a shocking attack in which extremists stormed the building and threatened the lives of our national legislators with the express intent of undermining our democracy. In the aftermath of this insurrection, the FBI released a warning that militias were planning armed attacks on all 50 state capitol buildings throughout inauguration week in an attempt to foment violence. The threat of armed violence always existed, but increasingly extremist political rhetoric is pushing individuals to take up arms in our democratic spaces.

We’re seeing the effects of January 6th galvanize individuals across the country. In 2023, a disgruntled citizen illegally brought a handgun into the Wisconsin State Capitol and demanded an audience with the Governor. After his arrest, he posted bail and returned that night with an assault rifle.

These instances of radicalization are neither arbitrary nor a far-off threat; in fact, a 2023 Threat Assessment by the Department of Homeland Security (DHS) identifying the “most direct, pressing threats to our Homeland during the next year” concluded that “our electoral processes remain an attractive target for many adversaries,” and that there is an expectation that “many of them will seek to influence or interfere with the 2024 election.”

Threats of intimidation at polling places have affected the people helping facilitate our nation’s right to vote; a 2023 Brennan Center poll of election officials across the country found that one in three had experienced threats, harassment, or abuse because of their job, and nearly half were concerned about the safety of their colleagues going forward. And we must recognize that false claims about the 2020 election blamed Trump’s loss on cities with large populations of color, such as Atlanta, Detroit, Milwaukee, Philadelphia, and Phoenix. Many of the related threats targeted election officials in those areas and contained racist or antisemitic language.

Unfortunately, the threat of violence at polling sites does not come from only armed citizens. In recent months, mounting discord between law enforcement and marginalized communities — who are often impacted by voter suppression tactics — has increased. There is a history of over-policing in communities of color, especially Black communities and neighborhoods, and the presence of law enforcement at polling locations could act as a deterrent, especially in the current climate. For example, local law enforcement watched Georgia voters in a predominantly Black neighborhood for over five hours after the polls had closed.

As the Brennan Center for Justice explains, "There is a shameful history in parts of the country of armed officers, on duty or off, targeting Black voters and other voters of color for intimidation. Their mere presence in polling places could raise reasonable fears among groups that are frequently the target of racial profiling and police misconduct. But the law is crystal clear: it is illegal to deploy federal troops or armed federal law enforcement officers to any polling place."

Even in cases when policing is used as a tool to prevent armed voter intimidation, officials must be mindful of the unintended consequences, particularly for Black Americans and voters of color, of the continual or long-term police presence outside of polling locations. Efforts to protect against voter intimidation in these scenarios may similarly and unintentionally create a different form of intimidation for certain voters. Now more than ever, elected officials must evaluate the usefulness of deploying armed law enforcement at polling locations. Learn more about Brady's vision for comprehensive police reform.

How You Can Take Action

It is necessary that everyone attending polling places for this election — voters, poll workers, and officials alike — are prepared for the possibility of voter intimidation, especially in cases that those engaging in such intimidation are armed.

Here is how you can advocate for safe, gun-free polling places.

• A report by the Coalition to Stop Gun Violence (CSGV) and Guns Down America – “Guns Down At The Polls: How States Can and Should Limit Firearms at Polling Places” – explores numerous examples of gun-based intimidation occurring at polling places in swing states in 2016 and 2018 and identifies tools available to help state and local officials keep voters safe and prevent armed intimidation at the polls.

1. SIGN OUR PETITION: Urge your state lawmakers to make all polling places gun-free zones ahead of Election Day!

Voter intimidation is against the law. And armed voter intimidation is not just undemocratic; it's deadly. That's why Brady is demanding that state and local officials work immediately to designate polling places and the area that surrounds them as gun-free zones.

2. USE OUR SAMPLE LETTER: Contact your local officials to urge them to take proactive steps to guard against armed voter intimidation at polling places.

We are encouraging voters and advocates everywhere to ensure that your local officials are aware of your state's voter intimidation laws and are prepared for how to protect voting access this Election Day. Use our letter to send your local officials resources provided by the Institute for Constitutional Advocacy and Protection (ICAP). We are urging local officials to 1) implement vital public safety practices to protect voters from armed intimidation, and 2) urge state officials to ban guns at all polling places.

It can be done in three simple steps:

• Copy/paste the Sample Letter below to local officials into an email.
• Find your local official’s email address here by selecting your state and region, then click on “Election Official Contact Details.”
• Hit send!

Georgetown Institute for Constitutional Advocacy and Protection (ICAP)

The Institute for Constitutional Advocacy and Protection was created by the Georgetown University Law Center to protect America’s Constitution and the rights of all its citizens. On their website, you can download a toolkit that details the legal principles of your voter rights based on specific principles from the Constitution, federal, state, and local laws that allow for safer voting practices. Know your rights before going to the polls to prevent voter intimidation.

Election Protection: 866-OUR-VOTE

Election Protection is a nonpartisan coalition that safeguards voting opportunities for all and ensures every vote counts. In order to help voters and remove barriers to the voting process, Election Protection created a helpline, 866-Our-Vote. Listed below are the phone numbers in English, Spanish, Arabic and Asian languages for your use at the polls if you are to encounter any problems and experience, or witness, voter intimidation.

• English: 866-OUR-VOTE, run by the Lawyers’ Committee for Civil Rights Under Law
• Spanish/English: 888-VE-Y-VOTA, run by NALEO Educational Fund
• Arabic/English: 844-YALLA-US, run by the Arab American Institute (AAI)
• Asian Languages/English: 888-API-VOTE, run by APIAVote and Asian Americans Advancing Justice (AAJC)

Brennan Center for Justice

A report by the nonpartisan Brennan Center details state, local, and federal laws and policies on voter intimidation, including in relation to federal troops, off-duty police, and private militia groups.

League of Women Voters of the United States (LWVUS)

LWVUS has hundreds of chapters across the country that educate the public about our government and how to become active, engaged citizens. Visit their website to learn more.

Voter Guardians Training Curriculum

The Center for Popular Democracy (CPD) builds organizing power to ensure that the values of equity, opportunity, and a dynamic democracy become national priorities. CPD's Voter Guardian program provides virtual trainings on "De-Escalation Tactics, Poll Monitoring, and Knowing Your Rights" for volunteers seeking to protect and ensure voting access. Find events here.

Hollaback

As a way to prevent harassment at the polls, Hollaback — a nonprofit on a mission to end harassment — offers abundant resources on bystander intervention training, conflict de-escalation, responding to/preventing harassment and resilience training.