US: Federal Judge in Arizona declines restraining order request, allows activists to gather around ballot boxes
A federal judge on Friday refused to ban an activist group from gathering near ballot boxes in Arizona, saying the members’ actions did not pose a “real threat” or intimidation and that they had the right to remain in public.
Arizona [US], October 30 (ANI): A federal judge on Friday refused to ban an activist group from gathering near ballot boxes in Arizona, saying the members’ actions did not pose a “real threat” or intimidation and that they had the right to remain in public.
Judge Michael T. Liburdi, in a 14-page ruling, clarified that the activists have a First Amendment right to gather around ballot boxes in the state, New York Times reported.
In denying the request, the judge said he would keep the case open and agreed to hear new evidence that the group has “engaged in unlawful voter intimidation.”
The lawsuit was filed on Monday in which the Clean Elections USA and the group’s founder, Melody Jennings were accused of surveillance in a “coordinated vigilante intimidation campaign” at ballot drop box locations. The lawsuit stated that Jennings and the group wanted to deter voters from depositing their voters.
Two non-profit organizations, Arizona Alliance for Retired Americans and Voto Latino made the accusation son Clean Elections USA which is an activist group that tries to prevent voter fraud by organizing activists across the country to station themselves near ballot boxes with an aim to observe voters and document possible instances of voter fraud or misconduct, according to New York times.
Notably, the suit accused them of violating the Voting Rights Act of 1965 and the Ku Klux Klan Act of 1871.
Furthermore, the ruling by the federal judge comes 11 days prior to a midterm election that has been doing the rounds with false claims regarding misconduct in voting as former US President Donald J. Trump continues to release controversial statements that the 2020 election was stolen from him.
Meanwhile, on Friday, Judge Liburdi dismissed Voto Latino from the suit, saying that it did not have standing because it had not demonstrated a financial impact from the problems it identified in the complaint, New York Times reported.
Former US President Donald J Trump appointed Judge Liburdi to the US District Court for the District of Arizona in 2019.
Several states allow people to return other people’s ballots to the boxes, however, the rules and regulations vary region-wise. In the Arizona State of the US, family members and caregivers are legally allowed to do so in order to make the procedure of voting easy for the elderly and sick.
But, the state of Arizona does not allow observers to be within 75 feet of ballot boxes or polling places, and even outside that area they are prohibited from “attempting to intimidate, coerce or threaten any person to vote or not to vote, New York Times reported citing the statement of secretary of state. (ANI)
