Where the Wild Things Are: the Polling Place, Voter Intimidation, and the First Amendment

James J. Woodruff II, Florida Coastal School of Law

Abstract

This article explores the use of current and proposed regulations to control voter intimidation at the polling place on Election Day. Section I examines the definition of voter intimidation through the federal laws currently regulating such conduct. Section II outlines the various groups that regularly appear on Election Day and how they may engage in conduct that may be viewed by some as voter intimidation. Section III reviews the prosecution of voter intimidation since 2000. And section IV examines the current and proposed regulatory framework that has developed to reduce voter intimidation at the polling place.