Voters deserve to feel safe at their polling places, DA says – Newton Daily News

Jasper County Prosecutor Scott Nicholson said electioneering and voter intimidation will not be tolerated, especially as the general political discourse increases and after violent reactions to the results of the 2020 presidential election led to the attack on the U.S. Capitol building.

In a recent interview with Newton News, Nicholson said both the Iowa Attorney General’s Office and the Iowa Secretary of State’s Office are looking more closely at the possibility of election crimes. As county attorney, Nicholson wants to take a proactive approach and has held numerous security briefings with county officials.

“I don’t want people not to vote because they’re afraid of confrontation or intimidation,” Nicholson said. “As voters, we should feel free and safe to go to the polls and vote on Election Day. This year I’m just trying to point citizens to the law so they know what is unacceptable.”

For example, Nicholson said it is unacceptable to intimidate, threaten, harass or even encourage others to vote for a particular candidate at the polls. Groups of people also cannot go to a polling station and actively promote their candidate if there are people in the establishment who have not yet voted.

Once a person has voted, they must immediately leave the poll. If they fail to do so, the District Attorney’s Office has the authority to prosecute individuals for a range of crimes, including: disorderly conduct, failure to disperse, unlawful assembly or riot; the latter of which is a Class D felony.

Here’s how the Iowa Code defines these fees and what their penalties are:

• Riot is when three or more people come together in an aggressive and disturbing manner and use any unlawful force or violence against another person or cause property damage. Those convicted of rioting, a Class D felony, could face up to five years in prison.

• Unlawful assembly is when three or more persons gather together and act violently and with the intent to commit a public crime. Individuals who join an unlawful assembly may be charged with an aggravated misdemeanor, punishable by up to two years in prison.

• Non-dispersal means that people in or around an unlawful assembly or disturbance are not dispersed by order of law enforcement. Any person who is within earshot of the command and refuses to comply commits a simple misdemeanor, which carries a maximum penalty of 30 days in jail.

• Petty disorderly conduct, a simple misdemeanor, is when one person fights in public or near any lawful assembly, makes loud noises near a residence or public building that causes a nuisance, uses offensive epithets, or makes threatening gestures that may incite violence or disrupt lawful order. . assembly.

Of course, penalties may be increased if property and/or personal damage occurs as a result of a riot, unlawful assembly or disorderly conduct.

“We will prosecute these crimes if they are committed,” Nicholson said.

Nicholson has been district attorney for the past six years, but has been with the district attorney’s office for more than 27 years. During that time span, Nicholson can’t recall a single time the office prosecuted any election-related crimes or voter intimidation crimes in Jasper County.

“I would not condone any kind of election fraud,” Nicholson said. “The polling place is designed for people to come and feel safe, go about their business, vote, and then leave. If they want to host celebrations or rallies on their private property, that’s fine. And feel free to do so if it is within the bounds of our laws.”

Election-related crimes, such as election violations, are handled not by district attorneys, but by the state attorney general. The Iowa Attorney General’s Office has exclusive jurisdiction to prosecute election-related crimes. But district attorneys can still deal with riots, unlawful assembly, failure to disperse and disorderly conduct.

According to Iowa Code 39A.4, election misconduct primarily covers illegal acts committed on Election Day, unlawful acts by an elected official, and various other offenses. Such illegal activities include loitering, congregating, campaigning, displaying signs or soliciting votes within 300 feet of polling places.

It is also illegal to interrupt, impede or antagonize a voter while he or she is in or approaching a polling place, or to interfere with voters’ attempts to mark a ballot. Political signs larger than 90 square inches on a vehicle or trailer parked on public property within 300 feet of a polling place are also prohibited.

Simply put, voters must show up to the polls in plain clothes, not talk to anyone other than poll workers, mark and return their ballots, and leave.

“I want people to know they will be safe when they vote,” Nicholson said.