Ohio: Protections Against Intimidation of Voters and Election Workers

Voters in Ohio have the right to vote free from intimidation under federal and state law.footnote1_xVV5yLDmhwv31See, e.g., 18 U.S.C. §§ 241, 594; 52 U.S.C. § 10101(b); Ohio Rev. Code Ann. §§ 3501.35, 3501.90, 3599.01, 3599.24, 3599.26. The federal protections that apply to all states are explained here. The following actions are specifically prohibited by Ohio law:

• Obstructing access to a polling location.footnote2_uY32b24dLYRO2Ohio Rev. Code Ann. §§ 3501.90(A)(1)(A), 3501.35(A)(2).
• Obstructing, intimidating, or interfering with voting at a polling location.footnote3_k5N7xGDyk13Y3Ohio Rev. Code Ann. § 3501.90(A)(1)(A).
• Participating in a riot, violence, or disorder in and about a polling location.footnote4_vshyDyyqFPb64Ohio Rev. Code Ann. § 3501.90(A)(1)(A).
• Attempting by intimidation, coercion, or other unlawful means to induce a voter to vote or refrain from voting, or to vote or refrain from voting for a particular candidate, question, or issue.footnote5_mYYK1Snnq6LT5Ohio Rev. Code Ann. § 3599.01(2).
• Loitering in or about a polling place during the casting and counting of ballots so as to hinder, delay, or interfere with the conduct of an election.footnote6_sxCZkUT45Yvm6Ohio Rev. Code Ann. § 3599.24(5).
• Soliciting or in any manner attempting to influence any voter in casting their ballot.footnote7_rEtD4UxA5GvL7Ohio Rev. Code Ann. § 3501.35(A)(5).
• Engaging in any kind of election campaigning within 100 feet of a polling place, and if the line for voting extends beyond the 100-foot buffer, within 10 feet of any voter waiting in the line for voting.footnote8_hwbsSWLapRjQ8Ohio Rev. Code Ann. § 3501.35(A)(1).
• Unduly delaying or hindering a voter from attempting to vote or voting.footnote9_j4hiV93tuELl9Ohio Rev. Code Ann. § 3599.26.
• Recklessly destroying any property used to conduct elections or removing materials that help a voter cast their ballot.footnote10_pTnvR0xUzXrp10Ohio Rev. Code Ann. § 3599.24(2), (6).

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

Although Ohio permits any qualified elector, precinct election official, or voting location manager to challenge another voter’s eligibility,footnote1_p7U8YIP0ergw1Ohio Rev. Code Ann. § 3505.20. state law also provides for some guardrails. For example, only precinct election officials or voting location managers may challenge a voter at a polling location.footnote2_lW4ou1jZ6VGc2Ohio Secretary of State, “Chapter 9: Election Day Voting,” Election Official Manual, 272, updated December 20, 2023, https://www.ohiosos.gov/globalassets/elections/directives/2023/eom/eom_fullversion_2023–12.pdf. Challenges by private citizens must be filed no later than 30 days before an election.footnote3_c0XEmj8Mk0wz3Ohio Rev. Code Ann. § 3503.24. Such challenges must also be filed using a form prescribed by the secretary of state’s office, which requires challengers to state the reasons for the challenge and sign under penalty of election falsification.footnote4_i02OFgzzc38T4Ohio Rev. Code Ann. § 3503.24.

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.footnote5_voVhmE2GL855552 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.footnote6_jlGXVcrVpkvV652 U.S.C. § 20507(c)(2)(A).

More information about the limitations and process for voter challenges in Ohio can be found here.

The Brennan Center and All Voting Is Local published a detailed resource on the limits on voter eligibility challenges in Ohio here.

In addition to federal protections against the intimidation of election workers, it is a felony in Ohio for any person to attempt to intimidate an election officer or prevent an election official from performing their duties.footnote1_dPsAyLrmTwgy1Ohio Rev. Code Ann. § 3599.24(3).

The Brennan Center and All Voting is Local published a detailed resource on the rules and constraints for Ohio poll workers here.

In addition to Ohio’s voter intimidation laws detailed above, state law places limits on who may serve as an observer and what they may and may not do:footnote1_fv7pznohX6nW1Note that poll watchers in Ohio are called “observers.”

• Any qualified elector may serve as an observer.footnote2_rq8i4NkVa4dr2Ohio Rev. Code Ann. § 3505.21(B).
• Uniformed officers or political candidates cannot serve as observers.footnote3_rjRK3LydMSL33Ohio Rev. Code Ann. § 3505.21(B).
• Observers may be appointed by a political party whose candidates are on the ballot, any group of five or more candidates, or a ballot issue committee.footnote4_wntqrA6mM8XY4Ohio Secretary of State, “Chapter 9: Election Day Voting,” Election Official Manual, 276. No more than one observer can be appointed to an early vote center or Election Day precinct.
• Observers are required to take an oath before observing.footnote5_yiX44hhs54Z45Ohio Rev. Code Ann. § 3505.21(F).
• Observers are prohibited from engaging in any kind of campaigning; hindering or delaying a voter who is trying to enter or leave a polling location; impeding, interfering with, or disrupting the conduct of the election; intimidating, harassing, or attempting to influence voters or precinct election officials; carrying a firearm or other deadly weapon; or seeking to enforce the law or advocate on behalf of voters.footnote6_lZqPPbgBpMxg6Ohio Secretary of State, “Chapter 9: Election Day Voting,” Election Official Manual, 275.
• Observers may not use any electronic or communication device or any audio/video recording device in a manner that “impedes, interferes with, or disrupts an election, or in any way intimidates a voter, or risks violating the secrecy of the ballot or voter privacy.”

Precinct election officials may remove from the polling place observers who engage in behavior that is inconsistent with state law or a secretary of state directive, or who “interferes with, impedes, or disrupts an election.”footnote7_d1Zze5JpouUJ7Ohio Secretary of State, “Chapter 9: Election Day Voting,” Election Official Manual, 275.

The Brennan Center and All Voting Is Local published a detailed resource on the rules and constraints on Ohio poll watchers here.

The county board of elections or secretary of state may request at least one police officer be assigned to each precinct on each day of an election.footnote1_hMFhrHfhQmuY1Ohio Rev. Code Ann. § 3501.34. Police officers must follow the lawful orders of the voting location manager of a polling place.footnote2_fZkMUu6FPOzE2Ohio Rev. Code Ann. § 3599.31.

Ohio law prohibits firearm possession for poll observers.footnote1_iIEDF3tXNaiD1Ohio Rev. Code Ann. § 3505.21(B). Even at locations where firearms are not expressly prohibited, firearm carry may constitute unlawful intimidation. Such conduct may consist of carrying a visible firearm near a polling location or at a drop box or vote-counting site, displaying a concealed firearm during a discussion or argument with a voter or election worker, or approaching a voter or election worker while displaying a firearm.

Ohio and federal law prohibit canvassing efforts that are used to intimidate voters.footnote1_dGAl3YZ0Ao5s118 U.S.C. §§ 594, 241; Ohio Rev. Code Ann. § 3599.01(2). 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.