Election Day is next Tuesday, Nov. 8, and there has been a great deal of talk regarding the security surrounding ballot casting and collection. There have been numerous complaints around the Valley regarding self-appointed monitors who are watching ballot drop boxes, locations where people can drop off their early ballot rather than using the mail.

These monitors reportedly have been watching and photographing people as they drop off their ballot, and in some cases following them to their vehicle and photographing or taking down a vehicle license number.

Law enforcement agencies are receiving complaints of intimidation by these monitors, some reported in tactical gear and/or armed.

Last week Maricopa County Sheriff Paul Penzone called a press conference and asked these observers to knock it off. He said that while there is nothing unlawful about sitting on the sidewalk to watch the drop boxes in an open public area, intimidation can be very subjective, and the mere presence of the monitors can leave people feeling intimidated and harassed.

“People have rights, and I respect those rights,” Penzone said of the observers. “But you can be intimidating without committing a crime. You can make people uncomfortable without committing a crime. It doesn’t make it okay because it’s not a crime.”

MCSO is the law enforcement agency that oversees protection in Fountain Hills, and while local authorities do not expect to have issues in this community they are planning to be prepared. The local voting site for early voting opened at the Fountain Hills Community Center Friday, Oct. 28.

A ballot drop box has been located inside Town Hall since early October and there have been no incidents reported. The drop box is located in the lobby on the second floor of the building. Staff is present within sight of the box all day and it is also covered by a 75-foot limit for election activity, so monitors could not stake out the box without breaching that legal standard.

According to Town Community Relations Director/PIO Bo Larsen, Town Clerk Linda Mendenhall reported that Maricopa County Elections Department is posting a marshal at the polling station to monitor for any disruptions. That person would be able to ask people to leave the building or call MCSO if deemed appropriate.

MCSO Capt. Larry Kratzer, commander for the Sheriff’s District 7 squad based in Fountain Hills, said MCSO does not plan to have a uniformed deputy at the polling site. He said that may be as intimidating for some people as armed observers. He said MCSO will respond to any reports of harassment or intimidation. The Sheriff’s Office station is inside Town Hall, just a short distance from the Community Center in the same Civic Center complex.

In his meeting with the press last week Penzone promised he would deploy as many deputies as necessary to ensure the safety of the voting process. Penzone warned that deputies may get involved if anyone threatens violence or attempts to block access to the drop boxes, or tries to influence voters’ decisions.

At the same time, U.S. Attorney General Merrick Garland has been made aware of the intimidation complaints and he, along with state officials, have warned the drop box observers that harassment or intimidation of voters will not be tolerated.

The Secretary of State’s Office in Arizona has asked Garland and the Department of Justice to investigate up to six complaints the office has received. Secretary of State Katie Hobbs is the Democratic candidate for governor in this election.

It was also reported the Justice Department is taking an interest and may be able to charge for voter intimidation even if the observers do not break local laws.

“The Justice Department has an obligation to guarantee a free and fair vote by everyone who is qualified to voted and will not permit voters to be intimidated,” Garland has told the media.