GRAND RAPIDS, Mich. — Law enforcement in metro Grand Rapids is ready for potential problems at polling locations, but people legally carrying a firearm and showing no menacing behavior is not among them.
“There is settled law saying you can’t intimidate, you can’t bribe, you can’t threaten anyone at the polling stations,’’ Kent County Prosecutor Chris Becker said. “I’ve tried to direct law enforcement to look at these other areas and focus on those.’’
Michigan Secretary of State Jocelyn Benson, a Democrat, caused a stir when she issued a directive on Oct. 16 that prohibits the open carry of firearms within 100 feet of a polling place. A judge last week said Benson exceeded her authority in issuing the directive.
Attorney General Dana Nessel, also a Democrat, asked the Supreme Court to take the case, but justices have not yet responded.
“Though I am disappointed that the Supreme Court hasn’t provided guidance in advance of Election Day, it does not change the fact that voter intimidation is still illegal in Michigan,” Nessel said in a statement Monday evening.
After Benson's directive came out, Becker issued a letter to area law enforcement agencies saying his office would not prosecute people who elected to legally open carry while voting.
“So much attention was directed at that Secretary of State directive, and I had some serious questions about the legality of it and our ability to file criminal charges,’’ Becker said. “We couldn’t, just based on that order.’’
On Monday, Nov. 2, Nessel joined the Attorneys General from seven other states, including Illinois and Wisconsin, in issuing a statement that voter intimidation is illegal – “whether it happens in person or from a car.’’
“As state attorneys general, we are working closely with our partners in law enforcement to make sure everyone has safe access to the polls,’’ the statement reads.
“Voters have the right to cast a ballot free from intimidation or harassment, and we won't tolerate anything less,'' according to the statement. "People who witness concerning behavior should immediately report it to law enforcement authorities.”
Becker and Kent County law enforcement officials say they do not anticipate trouble at voting locations on Tuesday, Nov. 3.
“I have no concerns about the safety of Kent County citizens at the polls,’’ Sheriff Michelle LaJoye-Young said. “I want voters to know they are safe going to the polls in Kent County.’’
Becker says in his 25 years working in the prosecutor’s office, he cannot recall a case of voter intimidation that resulted in criminal charges.
“I’m not anticipating it, but given the heightened nature of what is going on this year, we’re definitely prepared,’’ Becker said. “Law enforcement is prepared and ready to proceed if something should happen.’’
Local law enforcement agencies say they have not received any credible threats ahead of the election.
“We certainly pay attention to anything that might be on social media or in the intelligence community,’’ LaJoye-Young said. “But we do not have any specific threats for any poll locations in Kent County and I don’t anticipate any.’’
Becker said police are prepared to respond should there be unrest tied to the outcome of Tuesday’s presidential election. “I think they’re planning for just about everything right now.’’
LaJoye-Young said area police agencies are ready should election results spur violence and destruction.
“We have discussed the possibility of that happening this year and we absolutely have a plan in place if that were to happen,’’ she said.
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