In bold orange-and-black letters, a get-out-the-vote flyer warns that failure to cast a ballot can affect a person’s government benefits, legal rights, and even personal assets.
But the Virginia Attorney General’s Office alleges that such a message violates a state law forbidding false, intimidating, or coercive communication to voters.
Now, under threat of criminal prosecution, a nonpartisan nonprofit organization is asking a court to block enforcement of that law, calling it “vague” and possibly unconstitutional.
The group, Look Ahead America (LAA), asserts that the information in its materials is true, and that all messages were clearly aimed at encouraging voters, not deterring them.
“Should this enforcement be allowed, it would chill not only Look Ahead America’s free speech but also that of anyone else who is emphasizing the importance of voting due to critical issues on the upcoming ballots,” the court filing says.
The Epoch Times sought comment from Virginia Attorney General Jason Miyares, but received no response prior to publication time.
‘Boggles My Mind’
LAA executive director Matt Braynard told The Epoch Times he was disappointed that Mr. Miyares’ office sent his group a letter threatening possible criminal prosecution earlier this month.“We ask that you immediately cease and desist from distributing any materials that contain such intimidating, threatening, or coercive information,” the letter says. “Continuing to distribute these communications may result in criminal penalties.”
The group’s attorneys tried to negotiate with Mr. Miyares’ office, but talks broke down, leading to the lawsuit.
“It just boggles my mind that they would abuse their authority like this,” Mr. Braynard said. “I mean, they may as well have accused us of robbing a bank, for all the relevancy it has to our behavior.”
The Oct. 10 letter, which is attached to LAA’s court filing, alleges that some of LAA’s materials “contain statements that are intimidating or threatening to voters.”
Mr. Braynard, however, says the materials are intended to convey “the urgency of voting.” The group says it encourages all eligible Virginians to vote.
Disputed Language
LAA’s eye-catching flyer trumpets this headline: “Warning from Virginia Voter Assistance,” a group that is a special project of LAA.Then it says: “According to government records, one or more residents at this address has failed to vote in recent elections.” The flyer lists a number of rights and privileges that could be forfeited if a person fails to vote, such as Social Security, Medicare, or concealed-carry rights.
“See the reverse side for steps you can take to cast your ballot in the upcoming election,“ it says, adding, ”Deadline for response is pending.”
The flip side of the handout provides instructions for requesting an absentee ballot or voting in person.
In the letter to LAA, Travis Andrews, an assistant attorney general, asserts: “These statements are patently false and can serve no other purpose than to intimidate, threaten, or coerce a potential voter.”
Mr. Andrews alleges that LAA’s messages violate two sections of state law, Virginia Code 24.2-1005.1 and Code § 24.2-1005.
Intended to Encourage Voters
But LAA’s lawyers say these circumstances do not apply to their client.LAA does not advocate for specific candidates or issues, a disclaimer that is clearly stated on its handouts.
Further, “the materials are clearly not seeking to prevent anyone from voting,” LAA attorney Jason Greaves wrote in the lawsuit.
“Rather, the materials distributed are encouraging people to cast a vote because important issues that are likely important to all Virginia citizens are at issue in this election,” he said.
Although Mr. Andrews’ letter alleges that LAA’s material violates the law, he did not specify “whether this supposed threat is to deter or coerce votes,” Mr. Greaves wrote.
Disparate Treatment Alleged
LAA employs about 10 people in its Washington-based operation and coordinates thousands of volunteers in multiple states, including Virginia. There, “Virginia Voter Assistance,” which sent the voter-outreach materials, is a special project of LAA, Mr. Braynard explained.He noted that “much larger groups, fairly large groups with more money” are disseminating messages similar to those that LAA is sending.
Mr. Braynard said he doubts that Mr. Miyares’ office would dare challenge those bigger, better-funded groups, such as the American Civil Liberties Union (ACLU) of Virginia.
LAA’s lawsuit points out that the ACLU has urged people to vote because “the issues that you care about, abortion, LGBTQ rights, voting [rights,] those issues are all on the ballot this year.”
In addition, “the Republican Party of Virginia tells voters that failure to cast their ballots has ‘serious consequences,’ which could lead to ‘early release for violent criminals,’” LAA’s lawsuit points out.
Yet neither of those groups appears to have faced enforcement action from the office of Mr. Miyares, who is a Republican.
Small Group, Emphatic Message
Mr. Braynard doesn’t know why LAA is being singled out, but he suspects several factors played a role.“They have underestimated who we are and what we’re capable of,” Mr. Braynard said. “They just thought, ‘Oh, we’re just this rinky-dinky little group that’s kind of irrelevant. Never heard of them before. ... So we can just we can send a cease-and-desist letter, and that’ll be the end of it.'”
“They’re going to find out differently,” Mr. Braynard declared.
He thinks the emphatic nature of the group’s message may have caused Mr. Miyares’ office to take notice.
“We’re daring to tell voters the real truth of what’s at risk if they don’t vote, without pulling any punches,” Mr. Braynard said. “We’re not trying to be nice about it. We’re very direct.”
Mr. Braynard also thinks the campaign attracted attention because it was effective.
He believes that many citizens who received the materials contacted voting registrars, who became perturbed.
Public Interest Asserted
LAA’s lawsuit argues that “the public interest weighs strongly in favor” of blocking enforcement of the law while the court decides the law’s constitutionality.Mr. Braynard said the cease-and-desist letter chilled his group’s freedom of speech, diverted valuable financial resources, and forced the group to produce new material with different messages.
While waiting for new flyers to be produced, door-knockers went empty-handed; they lost opportunities to inform untold numbers of citizens, he said, “so the real cost is that Virginians were disenfranchised from voting.”
The attorney general’s office “basically took away one of our very important messages that we think that voters need to hear,” he said, “which is that just because you don’t vote doesn’t mean you get to escape the consequences of a political system.”
“There are tremendous costs to choosing not to vote,” Mr. Braynard said, “and it’s important that voters know what those are.”
Before starting LAA, Mr. Braynard worked on the campaign of then-candidate Donald Trump from 2015 to 2016.
LAA’s website says President Trump inspired Mr. Braynard to start the group with this statement during his 2017 inaugural address: “Through loyalty to our country, we will rediscover loyalty to each other.”
