Hate in Elections How Racism and Bigotry Threaten Election Integrity in the United States - Lawyers' Committee for Civil Rights Under ...
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Hate in Elections How Racism and Bigotry Threaten Election Integrity in the United States
About the Lawyers’ Committee
for Civil Rights Under Law
The Lawyers’ Committee is a national civil rights and ra-
cial justice organization created at the request of Presi-
dent John F. Kennedy in 1963. President Kennedy sought
to enlist the private bar’s leadership and resources in
combatting discrimination and the resulting inequalities
in courtrooms across America. The Lawyers’ Committee’s
mission is to secure equal justice for all through the rule
of law, targeting in particular the inequities confronting
African Americans and other racial and ethnic minorities.
The Lawyers’ Committee’s James Byrd Jr. Center to Stop
Hate supports communities and individuals targeted for
hate and challenges white supremacy by using creative
legal advocacy, disrupting systems that enable hate, and
educating the general public and policy makers. The
Byrd Center to Stop Hate operates both a hotline and an
online intake form, allowing individuals and communities
targeted for hate to report hate crimes and hate inci-
dents and seek support.
In addition, the Lawyers’ Committee convenes the
nationwide, nonpartisan Election Protection coalition.
This coalition works year-round to ensure that all vot-
ers have an equal opportunity to vote and have that
Acknowledgments
vote count. Made up of more than 200 local, state and
national partners, Election Protection uses a wide range Thank you to the many people
of tools to protect the right to vote, including a suite of who assisted with this report
voter protection hotlines: 866-OUR-VOTE (administered including Rebecca Amadi,
by the Lawyers’ Committee for Civil Rights Under Law), Arusha Gordon, Justin Kwasa,
888-VE-Y-VOTA (administered by the NALEO Education- Kieaira Lucas, Allison Nadler,
al Fund), 844-YALLA-US (Arabic/English) (administered Jennifer Nwachukwu, Nadia
by the Arab American Institute), and 888-API-VOTE Owusu, Kevin Vo and David
(administered by APIAVote & Asian Americans Advanc- Brody. Thanks also to DLA
ing Justice-AAJC). The Election Protection coalition also Piper for helping finalize the
organizes field programs in target states which deploys report.
poll monitors at polling places across the country.
SEPTEMBER 2020
Introduction
A
s the 2020 general elec-
tion approaches, report- A hate crime is generally defined as a crime against a
ed hate crimes across our person or property that is motivated by bias, prejudice,
country continue, spreading terror or hatred toward the personal, or perceived personal,
and distrust, as white supremacists characteristics of a victim, including race, religion, disability,
are emboldened by hate-filled sexual orientation, ethnicity, gender, or gender identity.
rhetoric coming from public lead-
ers. Recent FBI data on hate crimes A hate incident is based on the same behaviors and
shows an increase in hate violence, motivations as a hate crime, but does not rise to the level of
with African Americans the most a crime. For example, you may be a victim of hate speech,
frequent victims of hate crimes.1 which, depending on the circumstances, may not constitute
a crime (and may be protected under the First Amendment),
Elections are becoming increas-
but which may constitute a hate incident.2
ingly marred by bias-motivated
attempts to intimidate, confuse
or otherwise deter voters from
casting their ballot and candidates and candidates based on catego- Hate crimes in the election con-
from making their voice heard. ries and identities that receive text are unique compared to other
Many times, harassment and special protections under federal crimes. Hate crimes are “messag-
intimidation tactics target voters and state law, such as race. ing crimes”—meaning that the
Hate in Elections | 1
target of any one hate crime is understanding hate in recent
not just the direct victim, but also elections, candidates, voters, tech
When hate crimes or anyone who shares the victim’s platforms, and other stakeholders
targeted identity, whether that be can be better prepared for future
hate incidents occur race, gender, sexual orientation, elections, including the 2020 pres-
or another protected category. idential election.
during elections, Perpetrators of hate crimes and
Section II of this report discusses
hate incidents attempt to send a
relevant laws—including both
message that anyone who shares
they can send a criminal and civil laws at the
that victim’s identity is unwel-
federal and state levels, and legal
come. When hate crimes or hate
message that it is incidents occur during elections,
frameworks in the hate crimes
and voting rights contexts. Sec-
they can send a message that it is
dangerous to vote dangerous to vote and deter mem-
tion III first takes a look at voter
suppression and hate-motivated
bers of historically marginalized
and deter members groups from participating in the
behavior perpetrated by election
officials (e.g., poll workers) and,
democratic process. By discour-
second, at hate incidents in the
of historically aging communities of color and
election context perpetrated by
others from voting, perpetrators
the general public, other voters or
marginalized groups of hate incidents attempt to stifle
third parties. Section IV examines
the voices of historically margin-
trends in bias-motivated voter
from participating alized groups, resulting in skewed
suppression organized through
elections.
online tools. Finally, the report
in the democratic This report provides an over- includes resources, recommenda-
view of the relationship between tions and best practices for voters,
process. hate incidents and elections. candidates, and the general public
The report examines hate inci- wishing to protect the right to en-
dents in the 2018 midterm elec- gage in the electoral process free
tions and other recent elections from hate and intimidation.
with the hope that, by better
2 | Hate in Elections
Legal Background: Federal and State Laws to Combat
Hate and Election Intimidation
A
white man shouts racial the federal government’s “hands Selma attacks, President Johnson
slurs at Hispanic voters off” approach, Jim Crow laws and addressed the nation in a televised
entering a polling place. hate-motivated violence meant speech, echoing the words used in
A candidate of color receives to intimidate and prevent African the civil rights movement by call-
threatening messages at her Americans from voting, rapidly ing on southern jurisdictions to
campaign headquarters. Robocalls became the norm in the South. “[o]pen your polling places to all
provide wrong information and As a result, voter registration your people,” and to “[a]llow men
mock candidates of color. Hate- numbers for African Americans and women to register and vote
ful activity can take many forms plummeted due to campaigns of whatever the color of their skin.”3
during an election, but what legal intimidation and violence, as did Five months later, Johnson signed
protections do voters and oth- voter turnout and the number of the Voting Rights Act of 1965 into
ers have? This Section provides African American elected officials. law (the “VRA”).4 The VRA has
information about both the voting been amended and reauthorized
After World War II, the campaign
and hate crime legal frameworks five times—1970, 1975, 1982,
against Jim Crow and voter sup-
that may be relevant to fighting 1992, and 2006—with the core
pression picked up momentum.
hateful activity occurring within provisions of the Act remaining
Organizations like the Student
the election context. It also pro- largely the same.
Nonviolent Coordinating Com-
vides a brief discussion of relevant
mittee sent young people to the The VRA has had an impressive
state laws.
South to help register and educate impact on minority representation.
Black residents, civil rights leaders After the VRA was enacted, the
The Voting Rights Act
adeptly used the media to draw number of Black elected officials
Passage of the 14th and 15th public attention to discrimination dramatically increased: African
Amendments to the Constitution
in the South, and momentous and Americans went from holding
after the U.S. Civil War formally horrifying events—like the march fewer than 1,000 elected offices
provided for equal rights for Afri- across the Edmund Pettus bridge nationwide to over 10,000 in 2015.5
can Americans and, initially, these in Selma, Alabama, in March of The number of elected Hispanic
amendments led to an increase in 1965 in which civil rights activists officials similarly grew in the de-
African American voter registra- were badly beaten by state troop- cades after the VRA was passed.
tion and elected representatives. ers—spurred the federal govern-
However, these gains were quickly While other sections of the VRA
ment to act.
rolled back when the federal gov- address vote dilution (i.e., the
ernment ended the Reconstruc- The violent attacks in Selma and drawing of voting districts in a
tion era and stepped back from elsewhere created an urgency that way that inequitably dilutes the
enforcing anti-discrimination propelled Congress and President power of voters from communities
laws with a series of Supreme Johnson to push for the enact- of color), gerrymandering (i.e.,
Court decisions and legislative ment of legislation protecting the the drawing of district lines in a
actions in the late 1870s. With right to vote. Just days after the racially discriminatory way), and
Hate in Elections | 3
other forms of voter suppression, Unfortunately, courts have had against defendants, “prohibiting
Section 11 addresses voter intimi- relatively few opportunities to them from following Native Amer-
dation and situations in which an interpret Section 11(b), meaning icans from the polling places and
official refuses to allow an entitled there is scant guidance on how directing that they not copy the
person to vote. Section 11 is divid- this section of the VRA might be license plates of Native Ameri-
ed into two parts: used in the hate crimes context. cans driving” to and from polling
That said, Daschle v. Thune, a places.13
E Section 11(a) prohibits any
2004 case, provides an example
“person acting under color of In 2004, African American stu-
where plaintiffs successfully
law… [to] refuse to permit any dents attending Prairie View A&M
relied on a Section 11(b) claim to
person to vote who is entitled University (PVAMU) and the Uni-
obtain a temporary restraining
to vote… or willfully fail or versity’s Chapter of the NAACP
order to prevent intimidation and
refuse to tabulate, count, and filed a lawsuit against then-Waller
harassment of Native American
report such person’s vote.”6 County Criminal District Attorney
voters. In their complaint, plain-
Oliver Kitzman under Section
E Section 11(b) prohibits any tiffs alleged that defendants, a
11(b) and other federal laws.14 The
“person, whether acting group of supporters of one of the
plaintiffs alleged that Kitzman
under color of law or other- candidates in the Senate race,
publicly issued threats of prose-
wise” from “intimidate[ing], engaged in several acts of intim-
cution to PVAMU students who
threaten[ing], or coerc[ing], idation and harassment. Specifi-
chose to exercise their right to
or attempt[ing] to intimidate, cally, plaintiffs’ complaint alleged
vote in Waller County but did not
threaten, or coerce any person that defendants followed Native
meet his definition of domicile,
for voting or attempting to American voters at polling places
despite a prior federal court ruling
vote.” In addition, Section and then stood “two to three feet
finding that PVAMU students were
11(b) prohibits any similar at- behind Native American voters,
not to be treated differently from
tempts to intimidate, threat- and ostentatiously ma[de] notes,
others in Waller County when de-
en, or coerce, any person who all intended to intimidate and
termining their domicile for vot-
is “urging or aiding” anoth- deter Native American voters.”10
ing purposes.15 The complaint also
er individual in the voting The complaint also alleged that
alleged that both the Texas Attor-
process.7 defendants followed Native
ney General and the Secretary of
American voters from the poll-
Section 11(b) is particularly useful State—the state’s chief election
ing place “out to their cars after
for fighting hate in the election officer—issued official election law
they . . . voted, walk[ed] up to
context as, unlike other civil opinions rejecting Kitzman’s in-
their vehicles, and wr[ote] down
rights statutes which frequently terpretation of Texas election law
their license plate numbers, all
require proof of discriminato- and permitting college students
intended to intimidate and deter
ry intent or purpose in order to to register at their college dormi-
Native American voters.”11 Fi-
successfully bring a claim, Section tory address. The parties entered
nally, the complaint alleged that
11(b) does not require any such into a court-ordered settlement
defendants had a “loud conver-
showing.8 In other words, under agreement, including a list of
sation in a polling place, where
Section 11(b), plaintiffs “need only prohibited reasons for “actual or
Native Americans were voting,
show that the conduct in question threatened prosecution, indict-
about Native Americans who were
was objectively intimidating with- ment, or investigation based on
prosecuted for voting illegally in
out necessarily proving anything non-residency for voting purposes
Minnesota.”12 Plaintiffs success-
about the defendant’s underlying in Waller County” by the Waller
fully persuaded the court to issue
motivation or state of mind.”9 County District Attorney.16
a temporary restraining order
4 | Hate in Elections
In another case, from the 2008 Laws to Fight Hate any person because of his or
presidential election, the Unit- Crimes and Hate her race, color, religion, or
ed States Department of Justice Incidents national origin.25 Under this
(DOJ) filed suit under Section In addition to claims under the statute, it is also unlawful to
11(b) against a resident of Phila- Voting Rights Act, hate crimes interfere with any person who
delphia, Pennsylvania who “wore and hate incidents in the election is participating in activities or
[a] military style uniform[] . . . context may also raise potential enjoying any benefit provid-
includ[ing] black beret[], combat causes of action under federal ed or administered by the
boots, bloused dress pants, [and] criminal statutes that were passed United States.26 This includes
rank insignia.”17 The complaint with the intention of fighting hate anyone’s right to vote, regis-
alleged that the defendant “bran- and racially discriminatory behav- ter to vote, or work as a poll
dished” a nightstick or baton and ior. These laws include: watcher.
pointed the weapon at individuals
E 18 U.S.C. § 241, the Con- E 18 U.S.C. § 249, the Matthew
and “menacingly tapped it” while
spiracy Against Rights Act. Shepard & James Byrd, Jr.
standing about eight to fifteen
Historically, this important Hate Crimes Prevention Act.
feet from the entrance of a polling
piece of legislation was known In 2009, President Obama
location.18 In addition, the com-
as the Ku Klux Klan Act due signed the Matthew Shepard
plaint alleged that the defendant
to its original purpose of & James Byrd, Jr. Hate Crimes
made threats and insulted voters
authorizing the President to Prevention Act, named for
and poll workers.19 After the de-
protect African Americans and two victims of hate crimes.27
fendant failed to appear, the DOJ
their allies with military force This law protects a wider
obtained a default judgment.20
against vigilante groups, like class of victims and expands
Many of the types of hate in- the KKK, that actively under- the powers of prosecutors
cidents aimed at intimidating mined their constitutional and law enforcement to hold
certain populations of voters seen rights.22 The Act was originally perpetrators accountable.
in more recent elections also raise passed in 1870 and prohibited The Act extends federal hate
possible Section 11 claims. For conspiracies to interfere with crime prohibitions to crimes
example, during the 2018 midterm federal rights.23 The statute committed because of the
elections, the Election Protection makes it unlawful for two or actual or perceived religion,
coalition received a report of a more persons to conspire to national origin, gender, sexual
white man camped out outside injure, oppress, threaten, or orientation, gender identity,
a polling place who was actively intimidate any person in the or disability of any person,
questioning anyone who appeared free exercise or enjoyment of where the crime affected in-
to be of Hispanic heritage. The any right or privilege secured terstate or foreign commerce
perpetrator reportedly asked His- to him by the Constitution.24 or occurred within federal
panic voters if they were citizens, special maritime and territori-
whether they were registered to E 18 U.S.C. § 245, to protect al jurisdiction.28
vote, and made several loud racist against violent interference
with federally protected Depending on the specific facts
statements.21 This is the type of
rights. President Johnson of a case, it is easy to see how a
behavior that raises serious con-
enacted 18 U.S.C. § 245, in hate crime committed within the
cerns under Section 11.
the midst of the civil rights context of the election process
movement, to prohibit inter- may raise claims under any one
fering with or intimidating of these laws, even though these
statutes were not specifically
Hate in Elections | 5
Signing of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act
passed with a voting rights frame- coordinated troll storms aimed at intimidation” to influence voting
work in mind. For instance, the voters or candidates of color. behavior and criminalizes “ab-
Conspiracy Against Rights Act duction, duress or any forcible or
makes it unlawful for two or more State Laws fraudulent device or contrivance
persons conspiring to threaten As shown in Appendix A, there are whatever impedes, prevents or
or intimidate any person in the a variety of state voter intimida- otherwise interferes” with vot-
free exercise or enjoyment of any tion laws that may be relevant to ing.30 Conversely, Arizona’s statute
right or privilege secured to him combatting hate in the elections is less specific and simply makes
by the Constitution.29 Because context. In general, most states unlawful when an individual
the Fourteenth Amendment’s have strong voter intimidation “[h]inders the voting of others.”31
Equal Protection Clause guaran- laws that clearly define prohibited As the summary of state voter
tees equal rights, the Conspira- activities: intimidation, coercion, intimidation laws in Appendix
cy Against Rights statute could use of force or threats, and inter- A shows, none of the state stat-
conceivably be used in a case in ference with others’ attempts or utes delineate voters of specific
which perpetrators coordinated to ability to vote. protected classes (e.g., by race or
intimidate a targeted individual or
More robust state laws explicitly gender). All states use language
community in order to discourage
prohibit a wide range of intim- protecting “electors,” “individ-
them from participating equally in
idation tactics. For example, uals,” or “persons,” or “voters.”
the election process. Furthermore,
New York’s voter intimidation This means that advocates and
because “conspiracy” may only
statute penalizes a person who others wishing to fight hate in the
require an informal agreement
“[u]ses or threatens to use any election context do not need to
or meeting of the minds, claims
force, violence or restraint, or show the challenged interaction
under this statute may capture
inflicts or threatens to inflict any was motivated by bias against the
less-traditional forms of harass-
injury, damage, harm or loss, or identity of the victim in order to
ment and intimidation, such as
in any other manner practices rely on these state statutes.
6 | Hate in Elections
“Real World” Hate in Elections
Bias-motivated harassment
of voters, candidates and oth-
Discrimination at the Polls er stakeholders in the election
During 2020 Primary Elections process can take many forms.
Due to Covid-19 And, unfortunately, harassment
of voters has been perpetrated by
The first few months of 2020 have been heavily affected
both third parties and the very
by the coronavirus pandemic. President Trump’s labeling
officials and poll workers who
of the virus as the “Chinese Flu” and “Kung Flu”32 fueled
are supposed to be in charge of
attacks against Asians and Asian Americans.33 From a man
implementing a fair and equi-
being harassed and then getting sprayed with Fabreeze air
table election system. Although
freshener in a NYC subway,34 to a family being stabbed at
there are commonalities between
Walmart in Midland, Texas,35 these incidents will continue to
harassment by the general public
affect the Asian-American community until this pandemic
and harassment by election work-
ceases to exist.
ers, the unique power election
The Asian Pacific Policy & Planning Council has been workers hold as gatekeepers to the
tracking incidents of coronavirus discrimination and, in the ballot box makes bias-motivated
first month and a half of launching a site to track coronavirus behavior by these individuals
related hate, received over 1,100 reports. Trends in the data particularly disconcerting. This
show that Asian American and Pacific Islander (AAPI) women Section starts by examining
have been the targets of coronavirus related harassment harassment and bias-motivated
at twice the rate of AAPI men. Unfortunately, as with other behavior by election workers in
forms of bias-motivated attacks, this reflects the particular recent elections and then turns to
vulnerability of individuals whose identities encompass more harassment by third parties or the
than one historically marginalized social group. In addition, it general public.
is noteworthy that, despite stay-at-home orders, the number
of coronavirus related hate incidents remains high, with Harassment by Poll
both online attacks and “real world” attacks occurring at Workers and Other
the limited public spaces that remain open, such as grocery Elected Officials
stores, pharmacies and big box retail.36 This indicates that, One of the most common forms
even if many states adopt expanded vote-by-mail procedures of bias-motivated behavior
for the 2020 elections, hate in the election context will likely perpetrated by poll workers and
continue to be an issue. reported to the Election Protec-
tion coalition is unnecessary and
burdensome requests for identi-
fication from voters of color. As
Hate in Elections | 7
the examples below illustrate, in E Brooklyn, New York—Caller to help senior citizens, who
recent election cycles the Election described harassment by a spoke Arabic, translate and
Protection coalition has received poll worker who made a racist understand the ballot.44
calls concerning poll workers who comment about her Asian
E North Miami Beach, Florida—
requested additional identifica- background as he directed her
Report that poll workers were
tion or otherwise created more to a voting booth.40
told at a training that they
stringent check-in procedures for
In addition to requesting addi- should not speak Spanish with
voters of color.
tional documentation from voters voters and if a voter asked a
E Clarkson, Georgia—The of color, there have also been question in Spanish to not
caller reported that, although reports of poll works harassing respond.45
they had applied to register voters who are not proficient in
In addition to reports of poll
to vote with a valid Georgia English. Section 208 of the Voting
workers disproportionately asking
Driver’s License and was Rights Act (VRA) allows voters
voters of color for identification or
listed as an active voter on the in all states to bring someone
making it difficult for voters who
state’s website, come election of their choice into the voting
are not proficient in English to
day, the voter was refused the booth if they need help voting.41
obtain the language assistance to
right to vote and was told they Similarly, Section 203 of the VRA
which they are entitled, other re-
weren’t a citizen. The poll requires certain jurisdictions with
ports detail even more heightened
worker told the voter to return a higher percentage of voters who
bias at the ballot box.
with citizenship paper work. are unable to speak or understand
After making the trek home, English adequately enough to E Glenpool, Oklahoma—Call-
the voter returned with both participate in the electoral process er was intimidated by a poll
their passport and citizenship with language assistance.42 Often worker who accused her of
document, and was finally times, this interpreter is a rela- being “Mexican” and voting
able to vote.37 tive of the voter. However, as the multiple times.46
incidents below illustrate, some
E Johnston, North Carolina— E Lake Worth, Florida—Report
poll workers have been reported
Report that only voters of of voters at the polling place
intimidating voters seeking the
color were being asked about yelling “take out the trash,” in
language assistance to which they
citizenship and being required reference to Black voters.47
are entitled.
to show ID before being al-
E Houston, Texas—Report that
lowed to vote.38 E Houston, Texas—The caller
a poll worker questioned the
reported that the polling place
E Mokena, Illinois—The caller, voter’s residency and that,
did not have a Spanish trans-
a naturalized citizen who had when the voter asked for an
lator as required and, when
voted since he was 18, was explanation as to why she
the caller mentioned this to
asked by the staffer where was being questioned, the
the staff at the polling place,
he was born. When the voter poll worker declared, “maybe
was told by a poll worker to
responded he was born in In- if I wore my black face make
“shut the f--- up and get the
dia, he was told that he would up today you’d be able to
hell out of here.”43
have to provide his natural- understand me.” The voter
ization certificate.39 E Dearborn, Michigan—Re- then walked away but the
port of a poll worker yelling poll worker followed, and the
at youth who were attempting police were called.48
8 | Hate in ElectionsHarassment by Voters Oprah Winfrey campaigned on
and General Public in behalf of African American guber-
Recent Elections natorial candidate, Stacey Abrams. In 2020, the Federal
In addition to bias-motivated These calls referred to Oprah as
voter suppression tactics by poll the “magical Negro” and referred
Communications
workers and election officials, to Abrams as a “Negress” and “a
poor man’s Aunt Jemima.”51 Re-
recent elections have also been Commission
marred by hateful activities orga- cipients of these calls also heard
nized by white supremacist groups a series of racist and anti-Semitic
statements.52
responded to racist,
and individuals. For example,
on November 4, 2018, two days
before the midterm elections, a
In early 2020, after the Lawyers’ sexist and anti-
Committee brought this matter to
California chapter of the Ku Klux
Klan called Conservative Forces
the attention of the Federal Com-
Semitic robocalls
munications Commission (FCC),
held a “Turn California Red” rally
the FCC responded to these racist,
at the state capital. During this and imposed a nearly
sexist and anti-Semitic robocalls
rally, white supremacists preached
and imposed a nearly $13 million
anti-Semitic and anti-Muslim big-
fine on a neo-Nazi responsible
$13 million fine on
otry to its attendees in an effort
for many of these calls. To the
to promote conservative issues
best of our knowledge, this is the the neo-Nazi behind
and candidates just ahead of the
first time the FCC has brought an
midterm elections.49
enforcement action against some- the calls, after the
Voter suppression and voter one using telecommunications
intimidation is also seen in efforts unlawfully to terrorize commu- Lawyers’ Committee
to discourage minority participa- nities of color, and certainly one
tion, including widespread misin- of the largest civil penalties ever brought the matter
formation regarding polling loca- imposed on an individual white
tions and candidates. For instance, supremacist by a federal agency.53 to the Commission’s
in Florida in advance of the 2018
Unfortunately, hateful propaganda
midterm election, many residents
has not only targeted candidates attention.
received fake robocalls alleging to
and voters on the basis of race, but
be African American gubernatorial
also on the basis of religion and
candidate Andrew Gillum. The
other protected categories. During
recording included a speaker who North Carolina, Pennsylvania, and
the 2020 presidential race prima-
spoke in a minstrel performer’s California.55 Similarly, in Washing-
ries, a man unfurled a large Nazi
accent while background audio ton, propaganda was distributed
flag from the stands during a cam-
of monkeys and drums played.50 depicting Kim Schrier, a candidate
paign rally in Phoenix, Arizona for
These calls were ultimately traced who identifies as Jewish, in a pic-
Democratic presidential candidate
to an Idaho-based white suprema- ture with $20 bills fanned out in
Bernie Sanders.54 Previously, racist
cy website called “Road to Pow- her hands.56
and anti-Semitic ads were distrib-
er.” Additionally, Road to Power
uted displaying Jewish candidates
released additional robocalls
holding wads of cash in Alaska,
targeting Georgia residents after
Hate in Elections | 9CASE STUDY: Harassment of Immigrants
While Election Protection received reports of Latinx voters in Spanish that if they chose to
hateful activity targeting a broad spectrum of vote Republican, they would be deported.58
groups, rhetoric about immigration has made
Other times, immigrant voters who do not
harassment and mistreatment of Latinx voters
speak English are denied the assistance to
particularly virulent. For example, in 2018,
which they are entitled. For instance, even
Election Protection received a report that a
though California law allows voters to bring an
white man in Gilbert, Arizona was stationed
assistant with them to vote if they are unable
outside of a polling place, questioning anyone
to mark the ballot by themselves,59 Election
who was of Hispanic heritage and asking them
Protection learned that in Durham, California,
if they were citizens and also making racially
a pair of Spanish-speaking voters seeking
motivated statements.57 Similarly, in Prince
assistance translating the ballot were told that
William County, Virginia, a voter reported that
they could not bring their granddaughter with
individuals at a polling place were yelling at
them to translate.60
10 | Hate in ElectionsOnline Hate and Elections
I
n the 2018 midterm cycle and and Latinx voters.61 This incident the election supervisors of Bro-
other election cycles, myriad was reported to Election Protec- ward and Miami-Dade counties
actors—including political tion, who in turn reported it to in Florida, both of whom were
candidates themselves—engaged Facebook and Twitter to prevent women of color.65 He shared the
in hateful activities using a range further disinformation. officials’ pictures, names, home
of online tools, from social media addresses, photos of their houses,
Anti-government and alt-right
platforms such as Facebook and and other personal information
groups also engaged in online
Twitter, to direct messages, to on neo-Confederate Facebook
hate targeting minority politi-
robocalls. When engaged in by a group pages. Doxxing of this na-
cal candidates. A Georgia Three
campaign, these activities most ture can be a prelude to violence.
Percenter militia, “III% Security
commonly involved fearmonger- Election Protection discovered
Force Intel,” used Facebook and
ing and implicit racial appeals this doxxing shortly after it oc-
Twitter to make veiled threats
attacking the opposing candidate. curred and immediately reported
of violence if Stacey Abrams, a
When individuals, third parties, it to Facebook, the FBI, and local
Black female candidate, won the
or other organizations engage in authorities. The quick response of
Georgia gubernatorial race.62 The
election-related hateful activi- Election Protection and Facebook
Three Percenters are a right-wing
ties, it often involves more direct halted this particular incident
anti-government paramilitary
attacks on race, religion, or other before it could go viral.
group with chapters and affiliates
protected characteristics or ex-
across the nation; they are some- Yet another example of perpetra-
plicit threats to election officials
times, but not always, associated tors using social media platforms
or candidates.
with white supremacists and the to spread hate and interfere with
Election-Related Online alt-right.63 Election Protection democratic processes is that of
Hate Occurring on reported several of the III% Secu- former Vermont state represen-
rity Force’s posts to Facebook and tative Kiah Morris.66 Morris, who
Social Media
Twitter. Facebook only removed a previously served as Vermont’s
Social media platforms such
few posts, while Twitter suspend- only Black female lawmaker, left
as Facebook, Twitter, and You-
ed the militia’s entire account. office in 2018 after being severely
Tube are the primary vehi-
harassed online by white suprem-
cles for disseminating online In addition to using social media
acists. The perpetrators used Twit-
election-related hate. For ex- to harass, spread misinformation,
ter to harass and mock Morris. For
ample, in Wisconsin in October and attempt to suppress minority
instance, racist Twitter messages
2018, Facebook users shared a voting, these platforms are also
directed at Morris included:
fake Department of Homeland used in an attempt to intimi-
Security (DHS) flyer stating that date and spew hatred against E “Sheeeit, I be representin dem
Immigration and Customs En- election officials and elected white muhfugghuz of Ben-
forcement (ICE) would be check- representatives. For instance, nington, gnome sayin?”
ing citizenship papers at the polls, during the 2018 elections, a
E “Kiah Morris hard at work
in order to intimidate immigrant neo-Confederate man doxxed64
destroying White Vermont.”
Hate in Elections | 11CASE STUDY: “Zoombombing” Candidates in the
Age of Coronavirus
As the COVID-19 pandemic swept the globe District, was a victim of zoombombing during
in 2020, political candidates increasingly a virtual town hall in April 2020. Jones, who
turned to video conferencing platforms, such is a Black and gay male, was targeted while
as Zoom, as a means of holding online events discussing how to respond to the COVID-19
with potential voters. However, online trolling pandemic to an audience of approximately 80
of these and other events quickly followed, attendees. The event was disrupted by online
becoming so pervasive that they earned their trolls who managed to share images and
own name: “zoombombing.” Zoomboming videos of child pornography.71
occurs when online trolls or hecklers hijack
Similarly, in Vermont, a virtual forum for
a video call and post or otherwise share
candidates for Lieutenant Governor was
offensive material, such as pornography, racial
zoombombed at the end of April, 2020. The
slurs, or other hateful language.70 Candidates
event was zoombombed with trolls drawing
of color or candidates who are religious
swastikas, writing, “Hail Satan,” and ordering
minorities have been frequent targets of these
a Jewish candidate, Brenda Siegel, and the
attacks. For instance, congressional candidate
forum host to “shut up b****.”72
Mondaire Jones, who ran in New York’s 17th
E “Go back to Africa, it’s the aware of the event, I will troll real-world harassment aimed
only place you’ll ever be safe.” the hell out of you and the at Morris, including swastikas
other subversives there. May- appearing near her home,68 and
E Another tweet threatened
be I’ll bring a friend or three someone paintballing Morris’s
Morris, telling her that “Every
with me too.”67 car.69
time you attend a political
rally at the Four Corners or The online harassment also
another local venue and I’m seemed to coincide with possible
12 | Hate in ElectionsCASE STUDY: The President of the United States Used
Racism and Xenophobia for Political Purposes.
Days before the 2018 midterm election,
President Trump shared on Facebook and
Twitter a campaign ad discussing a migrant
caravan from Central America that was
heading toward the U.S. southern border.73
Despite the caravan being composed of mostly
Hondurans, Salvadorans, and Guatemalans,
the President compared them to a Mexican
gang member who illegally crossed the border
and killed law enforcement officers.74 The
video used racist fearmongering to imply
that the caravan was full of “dangerous
illegal criminals,” and called the caravan an
“invasion,” before encouraging the viewer to
vote Republican. The video characterizes all
immigrants and Latinx people as criminals on” characteristics such as “race, ethnicity,
and a threat. Painting all people of color, [and] national origin,” including “dehumanizing
especially immigrants, as dangerous criminals speech such as reference or comparison
is a common racist trope used for generations to . . . violent . . . criminals.”77 Facebook said
by xenophobic nativists. It is also false.75 that the video did not violate its policies
Dehumanization of this sort can lead to but did not provide an explanation for its
violence toward the targeted community.76 decision for over three months. When it finally
did respond substantively to the Lawyers’
Facebook refused to take down this racist
Committee’s report, Facebook said that the
video, although the company barred President
video was permissible because it was only
Trump from running this video as a paid
implicitly racist, not explicitly racist, and their
advertisement (as did CNN, NBC, and Fox
policies allow such implicit racism.
News). President Trump was allowed to share
the video as “organic” (i.e. un-promoted) Twitter likewise did not take down the video
content. Consequently, he was able to share when President Trump shared it with his 61
the video on his own page, from which it million followers.78 The Twitter Rules prohibit
was easily disseminated even without paid “targeting individuals with content intended to
promotion. incite fear or spread fearful stereotypes about
a protected category, including asserting
The Lawyers’ Committee notified Facebook
that members of a protected category are
that this video violated its Community
more likely to take part in dangerous or illegal
Standards, the rules that govern organic posts
activities.”79 As with many other instances
on Facebook. The Community Standards
of the President violating Twitter’s policies
expressly prohibit hate speech, which they
regarding hateful conduct, Twitter took no
define as “a direct attack on people based
enforcement action.
Hate in Elections | 13Candidate and clip of a man alleging that E New York congressional can-
Political Party Online Campa-Najjar was supported didate Chris Collins ran a po-
Advertisements with by the Muslim Brotherhood as litical ad on YouTube in which
Racist Appeals part of a “well-orchestrated he used footage of his oppo-
Candidates for office have used plan.”83 nent, Nate McMurray, who is
implicit or explicit appeals to not Korean-American, speak-
E Georgia gubernatorial primary
racism, Islamophobia, and xeno- ing Korean alongside images
candidate Michael Williams
phobia in their online campaign of Kim Jong-Un. The ad stated
published a political ad on
advertisements. In the 2018 that McMurray would send
Facebook in which he pro-
cycle, it was common practice for American jobs to Asia.89
moted his “deportation bus”
campaign ads to launch first and
that he would use to round up E America First Action ran a po-
sometimes solely on YouTube,
“illegals” and “send them back litical ad on Facebook attack-
Facebook, Twitter, or other social
to where they came from.”84 ing a Black congressional can-
media platforms, where they could
The bus, painted to look like didate in Texas, Colin Allred,
reach a broad audience and have
prison transport, prominently in which a Black man’s hand
the opportunity to go viral with
displayed the words, “Danger! covered a woman’s mouth
minimal expenditures. The Cam-
Murderers, rapists, kidnap- while displaying text reading,
paign Legal Center has compiled
pers, child molesters, and “No gun for self-defense?”90
an archive of many of these racist
other criminals on board” and
and hateful ads.80 Some prominent More recently, President Trump’s
“Follow me to Mexico.”85
examples include: reelection campaign launched
E Another candidate in the Facebook ads featuring an “upside
E Tennessee senatorial candi-
Georgia gubernatorial Re- down red triangle symbol once
date Marsha Blackburn ran a
publican primary, Casey used by Nazis to identify political
political ad titled “Caravan”
Cagle, posted a political ad on opponents.”91 Facebook removed
on YouTube that fearmon-
YouTube in which he said that the ads and explained that they
gered and smeared Central
liberal politicians in sanctuary violated the company’s policies
American migrants as “gang
cities were allowing “criminal against hate. In addition to these
members,” “known crim-
illegal aliens” to “terrorize us political ads, Missouri state House
inals,” and “possibly even
on our streets,” while showing of Representatives candidate
terrorists.”81
images of Latino men with Steve West’s campaign website
E California Representative gang tattoos making gang includes an entire page entitled,
Duncan Hunter ran a polit- signs.86 Brian Kemp, Cagle’s “Islam is a Problem for America.”92
ical ad on YouTube accus- rival in the Georgia guberna- Islam “is in direct conflict with
ing his opponent, Ammar torial race and the eventual our Constitution and those who
Campa-Najjar, of being a governor,87 likewise ran a subscribe to Islam should not be
“security risk” and implying political ad on YouTube show- considered for immigration,” the
that Campa-Najjar was a ing people killed by “illegal screed states.93 “[It] should not
terrorist.82 The ad said that immigrants,” stating he would be considered a religion at all,
Campa-Najjar, who is half “track and immediately deport but rather an alien, seditious and
Mexican-American and half all criminal aliens,” and show- treasonous ideology . . . . This can-
Palestinian-American, was ing images of Latino men with cer on America hasn’t come here
“working to infiltrate Con- gang tattoos.88 by accident and that’s another
gress” and included a video issue.”94
14 | Hate in ElectionsSocial media companies’ terms individuals or groups based the 2020 elections and beyond.
of service, and the companies’ on . . . [e]thnicity . . . [n]ationality, Many of the major social media
commitment to enforcing them, [r]ace, [i]mmigration status [or] platforms, including Facebook,
range in their effectiveness at [r]eligion.”95 However, because YouTube, Twitter, and Instagram,
combatting online hateful activity many political online ads use have deliberately contorted their
in the context of election-related dog whistles and coded language, content moderation practices
activity. YouTube’s community they may not be considered hate in order to avoid enforcing their
guidelines, for instance, state speech. policies against politicians and
that “[h]ate speech is not allowed incurring their ire. Instances
However, regardless of what a
on YouTube” and notes that the where the platforms enforce their
policy says, the real test is in how
company “remove[s] content pro- rules against politicians get news
social media and tech compa-
moting violence or hatred against coverage because they are the
nies implement those policies in
exception, not the rule.
Hate in Elections | 15What Should I Do If I’m Harassed? Resources and
frequently asked questions for candidates and voters
experiencing harassment
What should I do if I see harassment or hateful
activity at a polling place on Election Day?
(E.g. Verbal phrases like “Go back to your
country!” or actual physical violence.)
In cases of voter intimidation or harassment, it is important
to alert polling officials to the situation at your polling site
(given that the officials are not culpable themselves). In cases
of potential violence or direct threats, contact your local law
enforcement at 911. For instances of voter intimidation of a
less-pressing nature, call your state’s main election office.96
You can also report the incident to the suite of Election
Protection Hotlines including 1-866-OUR-VOTE. The hotlines
provide tailored resources for reporting instances of voter
intimidation, as well as next steps to take depending on your
specific situation.
I am a registered voter. How should I respond
if someone challenges my qualifications as a
voter?
Laws vary depending on the state. However, in many states,
if your qualifications are challenged, you can give a sworn
statement that you satisfy the qualifications to vote in your
state and swear to your identity, and then proceed to cast a
regular ballot.97
If your qualifications are challenged and officials cannot find
your name on the list of registered voters, ask for a provisional
ballot, which all voters are entitled to. After Election Day,
elections officials will investigate whether you’re qualified to
vote and count your ballot accordingly.98
16 | Hate in ElectionsI am a political candidate or a person affiliated
with a campaign. What should I do if:
E I am targeted for my affiliation with a political
campaign and am physically harassed?
As with any possible crime, it is important to seek emergency
services if you are injured or fear for your safety. If you are
comfortable, call 911. Preserve and photograph any physical
evidence. In order to get further support, call the James Byrd Jr.
Center to Stop Hate’s hotline at 1-844-9-NO-HATE for legal and
social resources to help you combat hate.
In addition, there are some jurisdictions in the United States
that include political affiliation as a protected category in hate
crime laws. These include the states of West Virginia, Oregon,
and Iowa, as well as the District of Columbia.99
E I am doxxed (my personal information is broadcast
online) or am otherwise harassed online?
If you are doxxed or harassed online, then it is important to take
certain steps in order to ensure your safety and health.100 You
may want to advise other volunteers, staff, or people affiliated
with the campaign to also take these steps, as trolls often target
more than one person.
1. Temporarily deactivate all social media accounts for
approximately a week.
2. If you are receiving death threats, use a service like
DeleteMe® or PrivacyDuck®, which wipes your personal
information from people-finding sites.
3. Try to remain offline until the online threats subside. Get
a trusted friend to read your messages and emails for any
potential threats that require a response.
4. Avoid giving interviews or appearing on shows—this would
only fuel the hate and amplify the voices of the perpetrators.
5. Practice self-care: be around friends and family, engage in
your hobbies, etc.
Hate in Elections | 17If you plan to pursue legal action against the perpetrators
sometime in the future, it is helpful to follow the following
advice:101
• Document online harassment and save the documentation to
a secure location.
> You might want to enlist the help of a trusted confidant to
assist you if the process triggers negative feelings related
to your harassment.
> It is important to document all relevant evidence—not just
the evidence that portrays you in a favorable light. Failure
to document all aspects of your harassment might end
up hurting your case if it ends up in court. Do not delete
messages or other content sent to you.
> Take screenshots and note the date, time, location, and
nature of the attack if it occurs several times.
• Assess the severity of the online threat—both in terms of your
physical and digital security. You may want to contact law
enforcement if the threat is recurring, mentions specific and
personal details about your life, or can negatively impact your
personal or professional life.
E My affiliated campaign’s website is hacked or shut
down by an unknown entity?
If your affiliated campaign website is hacked or shut down by
an unknown entity, including attacks from a distributed denial-
of-service (DDoS) botnet,102 then it is important to report the
incident to law enforcement. You can file a complaint with the
Federal Bureau of Investigation’s Internet Crime Complaint
Center (IC3).103 Or, you may choose to report the cyber incident
to the Department of Homeland Security.104
In order to preserve your political campaign online, there
are several tools available that are designed to help preserve
elections-related websites. The Athenian Project helps state
and local governments oversee elections and guard against
cyberattacks.105 Project Shield, a DDoS protection service, is
freely available to U.S. political organization registered with
the appropriate electoral authorities, including candidates,
campaigns, section 527 organizations, and political action
committees.106 Likewise, Microsoft’s AccountGuard provides free
technology services on security guidance to officials, campaigns,
and related political organizations.107
18 | Hate in ElectionsI am a registered voter who has experienced
harassment or intimidation before Election Day
related to the election. What should I do if:
E Someone steals or tampers with my political yard
signs?
Call 911 and report the incident to local law enforcement.
Stealing or tampering with political yard signs from private
property may be a criminal violation of local, state, or federal law.
The offender may be charged with theft, damage to property, and
trespassing.
Although every state and locality has its own variation on
political yard sign regulations, the U.S. Supreme Court ruled that
the display of political and other types of signs on residential
property is a unique, important, and protected means of
communication.108
You can also report the incident to the Election Protection
Hotlines.
E I receive racist robocalls?
If you receive a racist robocall on your phone, call 911 and report
the incident to law enforcement. In addition, you may also report
the incident to the Federal Communications Commission.109 If
you are a candidate or campaign staff and you observe a pattern
of racist robocalls targeting your district, you may want to reach
out specifically to the Federal Communication Commission’s
Enforcement Bureau.
In order to stop unwanted robocalls, the Federal Communications
Commission offers several pointers:
• Don’t answer calls from unknown numbers and hang up
immediately if you answer such a call.
• Talk to your phone company about call blocking tools they
may have and check into apps you can download to your
mobile device to block unwanted calls.110
> Some apps include: Nomorobo Robocall Blocking,
Truecaller, Hiya: Caller ID & Spam Blocker, and Call
Control: Call Blocker.
> If you use robocall-blocking technology already, it is helpful
to notify the company which numbers are producing
unwanted calls so they can help block those numbers for
you and others.
You can also report the incident to the Election Protection Hotlines.
Hate in Elections | 19E I receive hateful or intimidating flyers?
If you believe that the content of the flyer(s) serves as a threat
to your personal safety or the safety of others, contact 911 and
report the incident to law enforcement. Be sure to keep copies
of the flyer as evidence and document where and when you
received it.
You are also advised to call and report the incident to the
Election Protection Hotlines so that we may assist other voters
who might feel impacted by the flyer.
Are there any other resources I can refer to
if I am harassed in relation to voting, political
campaigns, and/or elections?
E For voter suppression at the polls:
• Know Your Rights: Voter Intimidation, ACLU, https://
www.aclu.org/sites/default/files/field_pdf_file/kyr-
voterintimidation-v03.pdf
• How to Report Voter Intimidation, and How to Spot It, New
York Times, https://www.nytimes.com/2018/11/06/us/
politics/reporting-voter-intimidation.html
• What to do when you see harassment at the polls on
Election Day, Mashable, https://mashable.com/2016/11/07/
voter-intimidation-harassment-how-to-help/
• Voter ID Laws, Vote.org, https://www.vote.org/voter-id-laws/
E For online threats, doxxing, and/or hacking:
• Online Harassment and Field Manual, PEN America, https://
onlineharassmentfieldmanual.pen.org/self-care/
• Crash Override, http://www.crashoverridenetwork.com/
• Cyber Civil Rights Initiative, https://www.cybercivilrights.
org/professionals-helping-victims/
E For harassment and discrimination prior to
elections:
• A Guide to Political Yard Signs, Best of Signs, https://www.
bestofsigns.com/blog/a-guide-to-political-yard-signs/
• Stop Unwanted Robocalls and Texts, Federal Communications
Commission, https://www.fcc.gov/consumers/guides/
stop-unwanted-robocalls-and-texts
20 | Hate in ElectionsAppendix A: Relevant State Code
STATE STATUTE(S) LANGUAGE (IN PERTINENT PART)
Alabama Ala. Code § 17-17-33; “Obstruct, intimidate, threaten, or coerce any other person for the
Ala. Code § 17-17-43 purpose of interfering with the right of such other person to vote” ;
“Disturbs or prevents, or attempts to prevent, any elector from freely
casting a ballot”
Alaska Alaska Stat. § 15.56.030 “Uses, threatens to use, or causes to be used force, coercion, violence,
or restraint, or inflicts, threatens to inflict, or causes to be inflicted
damage, harm, or loss, upon or against another person to induce or
compel that person to vote or refrain from voting in an election”
Arizona Ariz. Rev. Stat. § 16-1017 “Hinders the voting of others.”
Arkansas A.C.A. § 7-1-103; “In any manner interfere with” ; “Make any threat or attempt to intimi-
A.C.A. § 7-1-104 date any elector”
California Cal. Elec. Code § 18502; “Interferes with ... the voters lawfully exercising their rights of voting
Cal. Elec. Code § 18540 at an election” ; “Makes use of or threatens to make use of any force,
violence, or tactic of coercion or intimidation, to induce or compel any
other person to vote or refrain from voting”
Colorado Colo. Rev. Stat. § 1-13-713 “Impede, prevent, or otherwise interfere with the free exercise of the
elective franchise of any elector or to compel, induce, or prevail upon
any elector”
Connecticut Conn. Gen. Stat. § 9-364 “Influences or attempts to influence by force or threat, bribery or
corrupt, fraudulent or deliberately deceitful means any elector to stay
away from any election”
Delaware 15 Del. C. § 5162 “Hinders, controls, coerces or intimidates or attempts to hinder, con-
trol, coerce or intimidate any qualified elector of this State from or in
the exercise of the elector’s right to vote...”
Florida Fla. Stat. § 104.0615 “Use or threaten to use force, violence, or intimidation or any tactic of
coercion or intimidation”
Georgia O.C.G.A. § 21-2-567 “Uses or threatens to use force and violence, or acts in any other man-
ner to intimidate any other person”
Hawaii HRS § 19-3 “Makes use of, or threatens to make use of, any force, violence, or
restraint; or inflicts or threatens to inflict any injury, damage, or loss in
any manner, or in any way practices intimidation upon or against any
person”
Idaho Idaho Code § 18-2305 “By force, threats, menaces, bribery, or any corrupt means, either
directly or indirectly attempts to influence any elector in giving his vote,
or to deter him from giving the same, or attempts by any means what-
ever, to awe, restrain, hinder or disturb”
Illinois 10 Ill. Comp. Stat. 5/29-4 “Any person who, by force, intimidation, threat, deception or forgery,
knowingly prevents any other person from (a) registering to vote, or (b)
lawfully voting...”
Indiana Ind. Code § 3-14-3-21.5 “Intimidates, threatens, or coerces an individual for”
Iowa Iowa Code § 39A.2 “Intimidates, threatens, or coerces, or attempts to intimidate, threaten,
or coerce, a person”
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