In May 2024, a self-proclaimed "First Amendment auditor" disrupted operations at the Bernalillo County, New Mexico, elections office, filming workers and accusing them of concealing their activities. The incident, which resulted in harassment of staff after the video was shared on YouTube, highlights the complex challenges facing the U.S. Justice Department in addressing potential election-related intimidation and violence.
Nathan Jaramillo, Bernalillo County's elections administrator, reported that the FBI deemed the subsequent hostile messages as constitutionally protected speech rather than illegal threats. This situation underscores the delicate balance between safeguarding election integrity and upholding First Amendment rights.
The Justice Department's Election Threats Task Force, established in 2021, has received over 2,000 reports of disruptive behavior and menacing communications targeting election officials. However, only 18 criminal indictments have been brought against 20 defendants, reflecting the limitations faced by federal authorities in prosecuting such cases.
Merrick Garland, the U.S. Attorney General, has emphasized the department's commitment to holding accountable those who threaten election workers. Yet, many local officials express frustration with the perceived gap between federal rhetoric and action.
Clint Hickman, a former Republican supervisor in Maricopa County, Arizona, noted that while one case of threats against him was prosecuted, hundreds more went unaddressed. The impact of such threats has been significant, with Hickman citing them as a factor in his decision not to seek reelection.
The Justice Department faces several constraints in its efforts:
- Constitutional protections for free speech
- Department policies prohibiting armed federal personnel at polling sites
- The primary responsibility for immediate protection falling to local law enforcement
Federal officials explain that to be prosecutable, a threat must convey a serious intent to commit unlawful violence against specific individuals or groups. Many reported incidents, while unpleasant, do not meet this threshold.
Despite these challenges, the task force has secured convictions in 12 cases, with sentences ranging from one to four years in federal prison. Notable cases include:
- A Texas man sentenced to two years for threatening Georgia election officials
- Another Texas resident receiving 3.5 years for threatening mass shootings against Maricopa County officials
- A Nebraska man sentenced to 18 months for threatening a Colorado election official
To enhance preparedness, the Justice Department has conducted training seminars and tabletop exercises with local officials. The FBI is also establishing a national command center in Washington, D.C., to monitor potential threats during the upcoming November 2024 elections.
Some jurisdictions have taken proactive measures. In Georgia, former state elections director Chris Harvey has been organizing training seminars with local law enforcement and election administrators to improve contingency planning.
However, not all local officials welcome increased federal involvement. Anthony Forlini, a Republican county clerk in Michigan, expressed concern that greater federal intervention might heighten mistrust among residents.
As the nation approaches the November 2024 elections, the balance between protecting election integrity and preserving constitutional rights remains a critical challenge for federal and local authorities alike.
"DOJ is not 911. When things happen in the heat of the moment on Election Day that require an immediate response, folks need to be in a trusted relationship with state and local law enforcement. Then, after that, we can facilitate and help out."
This statement underscores the importance of local-federal coordination in addressing election-related threats and ensuring the smooth functioning of the democratic process.