California: Protections Against Intimidation of Voters and Election Workers

Voters in California have the right to vote free from intimidation under federal and state law.footnote1_6zOlJ3ATPSCbhnc2PX30onSIFrrfTkpl6J1DelyEi8_wlSlo58BZcha1 See, e.g., 18 U.S.C. §§ 594, 241; 52 U.S.C. § 10101(b); Cal. Elec. Code, §§ 18540, 2300(a)(4).  Federal law broadly prohibits intimidation, threats, and coercion throughout every stage of the election process; more information on the federal laws that apply to all states can be found here. In addition, the following actions are specifically prohibited by California law:

• Using or threatening to use force, violence, or tactics of coercion or intimidation to compel another person to vote or refrain from voting.footnote2_-oixwZeUpJQhGwiqal-8tH52NYBhUw8SzFjKxVfgxLM_ebZDfpv1LeoW2 Cal. Elec. Code, § 18540(a); California Secretary of State, Re: Statewide Special Election: Voter Intimidation; Prohibited Voter Challenges, County Clerk/Registrar of Voters Memorandum No. 25112, September 23, 2025, 1, https://elections.cdn.sos.ca.gov/ccrov/2025/september/25112ra.pdf. This includes, but is not limited to, blocking access to voting locations; presenting false information about voter eligibility requirements or criminal consequences for voting; aggressive questioning of voters based on their perceived race or gender identity; and aggressively questioning voters about their citizenship, criminal record, or other qualifications to vote.footnote3_sbHl2x1Mlkk7vYVN2o7newluw4ouV7NYKYJP4G0Es_v5uwXxUgQPzR3 California Secretary of State, Memorandum No. 25112, September 23, 2025, 1–2.
• Possessing a firearm at or near a polling place, vote center, drop box, or place where votes are being counted.footnote4_FJArTOzodyIRkEMhb1kBIPtRkl5T981aUEqTQaN1OzU_x9i2uglMlygB4 Cal. Elec. Code, § 18544; Cal. Penal Code § 26230(a)(25).
• Stationing of uniformed peace officers, private guards, or other security personnel at or in the immediate vicinity of a voting location.footnote5_PwWcdF1qzYh-9MhVYKCo6DJNwrrZQ8VVQbqlpOjbmeE_g0rVMs4iEUOb5 Cal. Elec. Code, § 18544.
• Hiring or arranging for any other person – including private guards, security personnel, or an officer or agent of a local, state, or federal law enforcement agency – to be stationed at or in the immediate vicinity of a polling place or county elections office without written authorization from the appropriate elections official or written authorization by a federal court order.footnote6_8cV5pD7db-BHCO3Ld9RVOf9smEk2HTGmUBm-zRDoc_xZgebK0Vbuy36 Cal. Elec. Code, § 18545; California Secretary of State, Memorandum No. 25112, September 23, 2025, 1.
• Electioneering within 100 feet of a voting location, including a drop box.footnote7_VHERZpTPpoYmm4pCXHvx2hmBOYPffHte4dYHZm6js_qZzpnqYybJRF7 Cal. Elec. Code, § 18370.

The below addresses the laws that serve as guardrails against specific threats of intimidation.

Intimidation of Poll Workers and Election Officials

In addition to federal protections against the intimidation of election workers, it is a violation of California law to attempt or to actually intimidate, threaten, or coerce election officials, including poll workers and temporary workers, who are exercising their duties to administer an election.footnote8_ndkzijWC2xJB7RGFVr7XD6kxsuZNpKDcecl2yfzmUU_v58E5E1Q7Kck8 Cal. Elec. Code, § 18581(a)(3).

This includes interference with the ballot counting and election certification process, which is also a felony.footnote9_AzCMT-SrhrZDLwKjsj2GXjg5DemM2MPVKrsnHFl1WGg_wh6i0PiKraNQ9 Cal. Elec. Code, § 18581(a)(3); Cal. Elec. Code, § 18502(a).

Guns, Law Enforcement, and Military at Polling Locations, Drop Boxes, and Counting Facilities

California has strict laws related to guns and law enforcement at elections locations:

• It is a felony to carry a firearm at or near a polling place, vote center, drop box, or place where votes are being counted, including on the streets and sidewalks immediately adjacent to these locations.footnote10_FJArTOzodyIRkEMhb1kBIPtRkl5T981aUEqTQaN1OzU_t0rg8YmXEYZ010 Cal. Elec. Code, § 18544; Cal. Penal Code § 26230(a)(25).
• It is illegal for uniformed peace officers, private guards, or other security personnel to be stationed at or in the immediate vicinity of a voting location unless they have explicit written authorization from the appropriate election official.footnote11_g8oqbqfYBTpi3qoc-sgOZmooB528sSIdSgvYB-AMs_hfp9tOjZqbTh11 Cal. Elec. Code, § 18544.   Shirts, hats, or other displays that indicate a person is with “Election Security” or “Ballot Security” or apparel or accessories with any semblance of a logo or display that might be confused with any private guard or security company or government agency are also prohibited.footnote12_cReWgfcjQcFQvgYpw6tOADFH9jfzLbbZWzxw4NtyzE_mPYxBwFbfFCa12 California Secretary of State, Memorandum No. 25112, September 23, 2025, 2.
• It is a felony to hire or arrange for any other person – including an officer or agent of a local, state, or federal law enforcement agency – to be stationed at or in the immediate vicinity of a polling place or county elections office without written authorization from the appropriate elections official or written authorization by a federal court order.footnote13_8cV5pD7db-BHCO3Ld9RVOf9smEk2HTGmUBm-zRDoc_qo2ZYQbKZlCi13 Cal. Elec. Code, § 18545; California Secretary of State, Memorandum No. 25112, September 23, 2025, 1.

Additionally, under California law, a person who openly carries a firearm or imitation firearm while interacting with or observing a voter or election official is presumed to have engaged in intimidation.footnote14_mv77xZhECZdsYsdJcWd3RJsuzlgdGXaVsj5AklzECI_vUl9fw8HnFYc14 Cal. Elec. Code, § 18581(b)(1).  An armed law enforcement officer acting within the scope of their official duties is not subject to this presumption, but a court may consider possession of a firearm in deciding if the officer violated the law against intimidation.footnote15_vde5DUEwMTpdZcPpQjN5QC-vnzwXRaxdIQC9JUvzkg_m7IUdzZkkAKD15 Cal. Elec. Code, § 18581(b)(2).

Federal law further limits the presence of the military and other armed federal agents at polling places:

• It is a felony for any federal official to send troops or armed persons to a polling place, unless “such force [is] necessary to repel armed enemies of the United States.”footnote16_gneiIRlaDeAjtKKQCfy7UfaPoLuSLF2Tk29t2iMnwM_z8FIxAmVYuyQ16 18 U.S.C. § 592. 

• It is a felony for a member of the military to intimidate voters or interfere with elections.footnote17_e0dPpCwFaoVK24j2SeoFGQ3dWbvv37u83Zd7Tds1OEY_tqauSgiyCNpy17 18 U.S.C. § 593; see also 52 U.S.C. 10102.

  Door-to-Door Intimidation

  California and federal law prohibit canvassing efforts that are used to intimidate voters.footnote18_GFkXEpqCSxeR1ws7rnUK5m6G5GOoN1-ZALywEx9XOE_oRag9nCf9nOy18 18 U.S.C. §§ 594, 241; Cal. Elec. Code, § 18540(a).  Any voter who receives a visit from a privately organized canvassing group does not have to answer any questions and should report any incidents of intimidation to their local officials. Additionally, it is a felony in California to impersonate an election official.footnote19_oxZVrQBXOXPWLjqyx0fjWRrG9lYlL4g0OhHNvF8mVJ8_t7q4p6HHELck19 Cal. Elec. Code, § 18575.

  Voter Challenges

  California law provides the following restrictions on challenges to a voter’s eligibility:

• Only a poll worker can challenge a voter’s eligibility at a polling location.footnote20_XtTnsAqCVV6YTshKKwKaAkv8Ud7lDQX0vAc9TnnoH4c_bBO2ZcFriwki20 Cal. Elec. Code, § 14240(b); California Secretary of State, Memorandum No. 25112, September 23, 2025, 3.
• The precinct board is required to compile and maintain a list of voter challenges in that precinct.footnote21_4FSyVk9rOr8Uy579ST14dMIqO3w-UEhv176f96Fos_x8IzG6iXE5dH21 Cal. Elec. Code, § 14252.
• If a person other than a poll worker attempts to challenge a voter’s eligibility in any manner, the precinct board should immediately contact the county elections official.footnote22_Ts6T2xyWlxzxkz7-Z-S7dYoM5dcSHGjmNL9qjXRkHek_vOMtiRPj1aZz22 Cal. Elec. Code, § 14252. 
• If persistent voter challenges cause delays or create an intimidating atmosphere that discourages voting, the board shall discontinue all voter challenges.footnote23_dAxtIhOEGIZtdTz0b0EZhd-EEJi0J6WMms2NpBilA8Y_dljBz2BPYqV023 Cal. Elec. Code, § 14253; California Secretary of State, Memorandum No. 25112, September 23, 2025, 3.

• It is a felony if any person “knowingly challenges a person’s right to vote without probable cause or on fraudulent or spurious grounds.” It is also a felony if a person “engages in mass, indiscriminate, and groundless challenging of voters solely for the purpose of preventing voters from voting or delaying the process of voting.”. footnote24_f0suwma1pM5y9f8JqgGRXsOMkuOT1lb8jxHeJCWHH5U_a4XqZmx8XWkD24 Cal. Elec. Code, § 18543; California Secretary of State, Memorandum No. 25112, September 23, 2025, 3.

  The National Voter Registration Act (NVRA) provides additional safeguards to protect voters from mass challenges before an election:

• The NVRA expressly recognizes that National Change of Address information is not sufficient on its own to serve as the basis for canceling a voter’s registration.footnote25_Y0qs7oOLSHbOlgjFGfjv4np0mXQwE-7AUN8FyXaiWU_vtzNUH2gIoIQ25 52 U.S.C. § 20507(c)(1)(B).
• The NVRA prohibits the systematic removal of voters from the rolls within 90 days of a federal election.footnote26_JytXChkrKDYgT4N9SU8BcMkHa133J-JytiBwhDoscGs_uEwyx4Wjd1yp26 52 U.S.C. § 20507(c)(2)(A); see also California Secretary of State, Re: Statewide Special Election: REVISED – Challenge Processes, County Clerk/Registrar of Voters Memorandum No. 25106, September 19, 2025, 2, https://elections.cdn.sos.ca.gov/ccrov/2025/september/25106ra.pdf?utm_content=&utm_medium=email&utm_source=govdelivery.