However, whether the planned actions of these organizations, or others that may be preparing similar activities once early voting begins Wednesday, crosses legal boundaries remains an open question. It’s a problem.

The Lions of Liberty and the Yavapai County Preparedness Team are planning an operation called Operation: Drop Box. The operation’s website calls for “Patriots” to monitor his 19 drop-boxes on his two-hour shifts.

“Bring your phone or camera,” the website says. “If you see someone putting in more ballots than you have, take a picture of him, his car and his license plate.”

All that has caught the attention of Protect Democracy legal counsel Jared Davidson is listed in that project as combating voter intimidation.

“Your plan, regardless of your intent, constitutes illegal voter intimidation and could expose your organization, its members, volunteers, and co-conspirators to both civil and criminal penalties, including financial damage. There is a possibility

And Davidson told Capitol Media Service that what the group believes is against the law, even as it advises volunteers not to confront or engage with voters. Instead, the group’s organizers said Watchers should contact them, saying, “We already know what we’re doing and will do what he can,” said County Sheriff David Rose. I will notify the officer.

But Davidson said it’s legally irrelevant whether any of the Boxwatchers actually approach the person who dropped the ballot. I was.

This practice may not be limited to Yavapai County.

Earlier this year, Republican Apache Junction Sen. Kelly Townsend, unable to get her colleagues to ban drop boxes outright, offered a solution at a public hearing.

“It’s so nice to hear all the vigilantes who want to camp with these drop boxes, right?” she said. “So do it.”

Townsend said it would send a message to what some people have claimed was a scam by “mules.”

“We’re going to put people out there watching you,” Townsend said. “Then they’ll follow you to your car and take your license plate.”

Davidson called this “an alarming and dangerous trend”.

However, the question still remains whether such activities are illegal.

Arizona federal prosecutor Gary Restino was asked about Townshend’s comments earlier this year, asking whether it included people hanging out in drop-boxes or outside polling places. said it was not clear.

“It seems unlikely that taking a photo or video in and of itself violates the Access to Vote Act,” he told Capitol Media Services. He said prosecutors would consider other factors.

“You’re going to look at someone’s social media, their public feed, what they’re doing, what they’re saying online,” he said. “You’ll see what people do like you see how they dress.”

All of this will help determine whether the activity is intended to intimidate voters, Restaino said.

Luke Cyrano, board member of Lions of Liberty, said the plan the organization is planning is crossing the line, with the wardens on public property.

“We’re nowhere near Dropbox,” he said.

“We’re not in anyone’s way,” continued Cyrano. “If you see something out of the ordinary, as a citizen you have the right to take a picture or whatever and send it to the authorities.”

Davidson doesn’t see it that way.

It begins with the legally erroneous conclusion that it must be illegal for anyone to deposit multiple ballots, he said. Arizona’s laws banning so-called “collect ballots” do not preclude people from boxing multiple ballots, except for spouses, housemates, and even caregivers.

He also said the public declaration that photos and other information about Dropbox users would be turned over to sheriffs was intimidating in itself.

“Reasonable voters would be concerned if they were being watched, watched and photographed by right-wing extremist groups monitoring ballot boxes,” Davidson said. The point is that they openly called on the volunteers to basically arm themselves.”

Not true, Cilano said — at least in the way Davidson claims.

“90% of the people here have concealed guns,” he said.

“Are you posting in AR?” he continued, referring to assault-style rifles. “Absolutely not.”

And even Restino said whether someone was visibly armed could be a factor, but that alone would not be sufficient to conclude that the intent was to intimidate voters. Not enough.

Davidson acknowledged that on the surface the activism may not seem to cross the line. There are,” he said.

“We don’t have a large sample of individuals who go out in white hoods and terrorize voters,” Davidson continued. “They have a modern playbook. This is part of that playbook.”

But Cilano said box watchers are within the law and have no intention of intimidating voters.

“Good luck proving your intentions in court,” he said.

Davidson called them all irrelevant, citing a section of the Voting Rights Act that says you don’t have to prove intent or conspiracy to threaten someone to break the law.

“The context here would scare any reasonable Arizona voter to deposit their ballot,” he said. “And that’s not allowed under Arizona or federal law. ”

Davidson is preparing a civil suit, even though no criminal charges have been filed. He informed both organizations to keep all records relating to the operation “due to imminent litigation.”