May 21, 2023

The League of Women Voters of Arizona has settled their case against Melody Jennings and her organization, formerly known as Clean Elections USA. This litigation is an important victory for voters’ rights, and this resolution will protect voters from intimidation in the future.

In October 2022, the League of Women Voters of Arizona (LWVAZ) brought a lawsuit to protect voters from intimidation at ballot drop boxes in Arizona. A federal court found that defendants Melody Jennings and her organization (then known as Clean Elections USA)—as well as individuals working with the defendants—had likely violated voter intimidation laws when they engaged in surveillance and harassment of voters at ballot drop boxes during the 2022 election. The Court ordered them to immediately halt intimidating conduct. 

The parties have now settled the case. In so doing, the League and Ms. Jennings agreed to publicly condemn intimidation of any kind in connection with the exercise of the right to vote. The terms and obligations of the settlement are confidential. 

“This litigation has been essential to protect the voters of Arizona, who have the right to cast their ballots free from intimidation, threats, or coercion,” said Pinny Sheoran, President of the League of Women Voters of Arizona. “The League of Women Voters of Arizona is proud to have challenged activities that were intimidating voters, and we will continue to defend our democracy against anyone who would interfere with the right to vote.” 

“Protect Democracy is honored to represent the League of Women Voters of Arizona in this litigation,” said Orion Danjuma, Counsel at Protect Democracy. “The court’s order in October recognized the importance of ensuring that voters can cast their ballots without fear, and that courts will step in to stop unlawful voter intimidation. This litigation is an important victory for voters’ rights and its resolution will help protect voters from intimidation in the future.”

“There’s no place for voter intimidation of any kind in our democracy,” said Caren Short, Director of Legal & Research at the League of Women Voters of the United States. “We are thrilled that this case has been resolved and will continue our work to protect voters. The League of Women Voters is committed to standing up for voters in the courts to ensure safe and equal access to the ballot.”

Nov. 1, 2022

Today, following a hearing in a suit brought by the League of Women Voters of Arizona (LWVAZ), a federal court issued an order to block unlawful voter intimidation at ballot drop boxes.

The order will block Defendants Melody Jennings and Clean Elections USA and affiliated individuals from (1) carrying guns or wearing body armor near a ballot drop box; (2) confronting or following voters when they are casting ballots or near a drop box; (3) photographing voters who are within 75 feet of a drop box; and (4) releasing voters’ personal information in connection with a claim that they committed voter fraud. The order will also bar defendants from making false statements about the legality of depositing multiple ballots in a drop box, and require defendants to post information on their website and social media that it is legal in Arizona to deposit multiple ballots in a drop box under some circumstances.

“Today’s U.S. District Court decision is a victory for the voters of Arizona who have the right to cast their ballots free from intimidation, threats, or coercion,” said Pinny Sheoran, President of the League of Women Voters of Arizona. “The League of Women Voters of Arizona is proud to have challenged activities that are presently interfering with voters’ right to cast a ballot safely and without fear, and we encourage voters to continue using drop boxes to vote.”

At the hearing, the LWVAZ—represented by Protect Democracy and Osborn Maledon, P.A.—presented evidence about the impact of intimidation on voters who experienced it directly. This included the testimony of voters who felt they could not use drop boxes because of the likelihood of confronting armed surveillance, being accused of breaking the law, or being doxxed simply for exercising their right to vote.

“The brave voters who came forward today offered powerful testimony about the harm that voter intimidation wreaks on our democracy,” said Orion Danjuma, Counsel at Protect Democracy. “The court’s order today recognizes the importance of the federal laws that ensure voters’ ability to participate in democracy without fear, and strikes an appropriate balance between protecting voters from intimidation and not infringing First Amendment rights.”

To view the judge’s written order, click here.

For more information about this lawsuit, visit Protect Democracy’s website, which is updated regularly and includes case documents—like the filed complaint and the U.S. statement of interest—as well as press coverage of the case.

Oct. 25, 2022

Today, Protect Democracy filed a lawsuit on behalf of the League of Women Voters of Arizona in the U.S. District Court for the District of Arizona in response to organizations and individuals who have conspired to intimidate voters in the 2022 election through “Operation Drop Box.”

The complaint alleges that the Lions of Liberty and the Yavapai County Preparedness Team (both related to the Oath Keepers of Yavapai County)—along with Clean Elections USA, a “grassroots organization committed to election integrity,” and several individuals—have been “actively planning, coordinating, and recruiting for widespread campaigns to surveil and intimidate Arizona voters at ballot drop boxes and baselessly accuse them—either directly or indirectly—of committing voter fraud, and spread false information about legally valid forms of voting.” As a result, individuals in tactical military gear—and likely armed—are staking out drop boxes and taking pictures and videos of voters. Their efforts appear to be inspired by the film 2000 Mules, which has spread thoroughly debunked conspiracy theories about so-called “ballot mules” depositing multiple ballots in drop boxes during the last election.

“No voter should have to confront armed individuals or be baselessly accused of fraud just for exercising their fundamental right to vote,” said Pinny Sheoran, President of the League of Women Voters of Arizona, the plaintiffs. “The actions of the defendants, in this case, are textbook voter intimidation. We’ve talked to voters who have in fact been intimidated into not voting, and it’s not hard to see why.”

“Federal law prohibits exactly this type of harassment and intimidation that defendants are conducting against Arizona voters,” said Caren Short, director of legal and research for the League of Women Voters of the United States. “It was imperative that the League of Women Voters of Arizona step on behalf of voters who deserve a safe, easy, and enjoyable voting experience.”

The League of Women Voters seeks an injunction and a court order declaring the activity a violation of §11(b) of the Voting Rights Act of 1965—which states that “[n]o person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for voting or attempting to vote”—and of §1985(3) of the Ku Klux Klan Act of 1871—which prohibits conspiracies to suppress voters “by force, intimidation or threat.” 

“What’s happening here in Arizona—groups fueled by conspiracy theories working in concert to threaten and intimidate voters from exercising their constitutional right—is already discouraging lawful voters from attempting to vote,” said Orion Danjuma, Counsel at Protect Democracy. “We are confident that the court will recognize this conduct as clearly unlawful and put an end to this intimidating behavior immediately so Arizonans can drop off their ballot in peace.”

Voter intimidation is nothing new in the United States, which has a long history of state-led and state-sanctioned racial violence meant to disenfranchise Black voters and other voters of color. However, in recent years there has been an increase in the use of intimidation tactics and threats of violence to silence and intimidate political adversaries. Operation Drop Box and false claims of voter fraud are a continuation of the trend of increased political violence which led to the insurrection and violent assault on Congress on January 6, 2021.

For more resources on voter intimidation, visit Protect Democracy’s website, which includes an explainer on voter intimidation in the 2022 midterm election and other legal challenges to voter intimidation.