No charges over voter intimidation
SANDPOINT — The Idaho Attorney General’s Office is declining to prosecute allegations of voter intimidation and harassment of an Idaho Democratic Party campaign worker in Bonner County in the run-up to the November 2016 general election.
Bonner County Prosecutor Louis Marshall asked the AG’s office in October to investigate and review for prosecution several incidents of intimidation and harassment reported by a voter and a party employee in August and September.
Paul R. Panther, a deputy attorney general with the office’s criminal law division, said the alleged misconduct was reviewed against Idaho’s malicious harassment and stalking laws.
“Our investigation revealed that the available evidence does not support the filing of criminal charges,” Panther said in a Jan. 10, 2017, letter to Marshall.
In order to prove a case of malicious harassment, a felony, the state would have to prove that a person threatened to do certain acts maliciously and with the specific intent to intimidate or harass another person because of their race, color, religion, ancestry or national origin. To make a stalking case, the state is required to prove that a person engaged in a course of conduct that would cause a reasonable person substantial emotional distress or fear their safety was in jeopardy.
“For each incident reported, the investigation was either unable to identify the individuals or failed to establish that criminal conduct had occurred,” Panther wrote.
Moreover, the investigation uncovered no evidence that the encounters were motived by race, color, religion or nationality, said Panther. Panther added that the campaign worker was unable to identify his tormentors.
A voter reported being harassed in July or August 2016, although Panther said that the voter was not in fear and there was no demonstrable violation of any election-related law, according to Panher.
“Overall, the circumstances presented do not provide a sufficient basis upon which to pursue a successful prosecution against any individual. Accordingly, our office must decline prosecution at this time,” Panther concluded in the two-page letter.
The perpetrators of the alleged harassment were wearing campaign paraphernalia promoting Heather Scott, who was seeking re-election to her seat in the Idaho House of Representatives. Scott won the election and has declined to address allegations that her supporters were engaged in intimidation tactics.
Some have accused the campaign worker and voter of fabricating the claims of harassment in order to damage Scott’s campaign.
The chief of the Idaho Democratic Party said on Friday that he was thankful for the AG investigation, but disappointed that it did not produce criminal charges.
Party Chairman Bert Marley called on Idahoans to protect voting rights by documenting instances of intimidation with a camera or a phone.
“In fact, if our organizer would have taken a picture of Scott’s campaign supporters who were leaning on his car outside of work, then they would of had the evidence they needed. Going forward, all Idaho Democratic Party workers will receive this type of safety and documenting training,” Marley said in a statement. “We need your reports to help us hold these bad actors accountable.“