Armed Militias And Poll Watchers: Know The Laws In Ohio

CLEVELAND — At the first presidential debate between Donald Trump and Joe Biden, President Trump used the stage to call for volunteers to stand watch at November election polls, once again citing his evidence-free claim that U.S. elections are “rigged” or fraudulent.

The call to monitor polling places prompted an enthusiastic response from known neo-Nazis and right-wing activist groups.

“I got shivers,” Andrew Anglin, the founder of the neo-Nazi website the Daily Stormer, wrote in a post the day after the debate. “I still have shivers. He is telling the people to stand by. As in: Get ready for war.”

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The president’s call also sparked trepidation among state election and law enforcement officials, who now are preparing for the threat of voter intimidation, arrests and even violence on Election Day.

Poll watchers have historical significance in both Ohio and U.S. elections.

In an op-ed for the Washington Post, former Republican lawyer Benjamin Ginsberg called poll watchers “fundamental” to the election process — but if Trump’s calls are heeded, the Republican Party would see the type of activity at polling places it has sought for years to avoid.

“Should Trump seek to delegitimize the presidential election, he would most likely begin by causing delays and chaos in precincts that voted heavily against him in 2016. His most obvious tactic would be having the RNC instruct its poll watchers to abandon their traditional role and, instead, lodge mass challenges both as voters cast their ballots and then as mail ballots are tabulated,” Ginsberg wrote.

While it’s unclear what activities to expect at Election Day polls in Ohio, each state has laws barring unauthorized private militia groups, according to the Institute for Constitutional Advocacy and Protection at Georgetown University.

According to federal law, voter intimidation is prohibited. In fact, the right of each voter to cast his or her ballot free from intimidation or coercion is a foundational principle of a free and democratic society.

The institute at Georgetown recently compiled fact sheets detailing federal and state statutes on voter intimidation. Sheets also outline what to do if groups of armed people are near a polling place or voter registration drive.

Here’s a look at the laws in our state:

Is it legal to form a private militia in Ohio? — No. Every state in the U.S. bans private paramilitary groups and the Ohio Constitution states that the "military shall be in strict subordination to the civil power.”

How Ohio defines a militia — A militia can be composed of anyone who is of "able-bodied" age to defend the U.S. if called upon. "A private militia that attempts to activate itself for duty, outside of the authority of the state or federal government, is illegal," Georgetown said.

When a militia is illegal in Ohio — Any group participating in paramilitary or law enforcement activity without being called upon by the governor or the federal government is conducting illegal behavior.

"Groups of armed individuals may engage in unauthorized militia activity even if they do not consider themselves to be “members” of a paramilitary organization," Georgetown found.

Does the Second Amendment protect militias? — In short, no. The Supreme Court has twice found that private paramilitary groups can be prohibited.