Jasper County Prosecutor Scott Nicholson said electioneering and voter intimidation will not be tolerated, especially with the rise in global political discourse and after strong reactions to the results of the presidential election in 2020 culminated in an attack on the United States Capitol building.

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

“I don’t want people to not go to the polls because they’re afraid of an encounter or intimidation,” Nicholson said. “As voters, we should feel free and safe to go to our polling stations and vote on Election Day. This year, I am simply trying to remind citizens of the law so that they know what is not tolerated.”

For example, Nicholson said it is unacceptable to intimidate, threaten, harass or even encourage others to vote for a particular candidate in elections. Groups of people also can’t go to a poll and actively promote their candidate if there are people in the establishment who haven’t yet voted.

Once a person has voted, they must leave the ballot as soon as possible. If they fail to do so, the County Attorney’s Office has the authority to prosecute individuals for a number of crimes, including: disorderly conduct, failure to disperse, unlawful assembly, or riot; the latter being a class D felony.

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

• A riot occurs when three or more people gather in a violent and disturbing manner and use any kind of unlawful force or violence against another person or cause property damage. Those convicted of rioting, a class D felony, could face a maximum of five years in prison.

• An unlawful assembly occurs when three or more people come together and act in a violent manner and with the intent to commit a public offense. People who participate in an unlawful assembly can be charged with an aggravated misdemeanor, punishable by up to two years in prison.

• Failure to disperse occurs when people in or around an unlawful assembly or riot fail to separate under orders from law enforcement. Any person who comes within earshot of the order and refuses to obey commits a simple misdemeanor punishable by up to 30 days in jail.

• Disorderly conduct, a simple misdemeanor, occurs when a single individual fights in public or near any lawful gathering, makes loud noises near a residence or public building that causes distress, utters offensive epithets or makes threatening gestures that could provoke violence or disrupt legitimate life. assembly.

Of course, penalties could be more severe if property damage and/or personal injury 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 the county attorney for six years, but he has worked in the county attorney’s office for more than 27 years. During that time, Nicholson doesn’t remember a time when the office prosecuted any type of election crimes or voter intimidation crimes in Jasper County.

“I would discourage any voter shenanigans,” Nicholson said. “The polling place allows people to come feel safe, do their business and vote, and then leave. If they want to host celebrations or gatherings on their own private property, that’s perfect. And do not hesitate to do so as long as it remains within the limits of our laws.

Election crimes such as election misconduct are not handled by county prosecutors but rather by the state attorney general. The Iowa Attorney General’s Office has exclusive jurisdiction to prosecute election crimes. But county prosecutors can still handle riots, unlawful assembly, failure to disperse and disorderly behavior.

According to Iowa Code 39A.4, election misconduct primarily covers illegal acts committed on Election Day, illegal actions of an elected official, and other miscellaneous offenses. Such illegal actions include loitering, gathering, campaigning, posting signs, or soliciting votes within 300 feet of voting locations.

It is also illegal to interrupt, obstruct or oppose a voter while they are participating in or approaching a polling station to vote, as is interfering with voters who are attempting to mark a ballot. . Political signs larger than 90 square inches on a motor vehicle or trailer parked on public property within 300 feet of a polling place are also prohibited.

Simply put, voters should go to the polls in civilian clothes, speak to no one other than poll workers, mark and submit their ballot, and leave.

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