Grand Canyon Times

A federal judge has refused to bar a group from monitoring outdoor ballot boxes in Maricopa County, saying to allow a temporary restraining order against the conservative organization would violate the First Amendment.

U.S. District Court Judge Michael Liburdi issued a ruling Oct. 28 in which he blocked a request by the Arizona Alliance for Retired Americans to halt the group Clean Elections USA from monitoring outdoor ballot boxes. The AARA had requested a restraining order on the group, citing voter intimidation after several complaints were made to authorities about groups of armed, sometimes masked, watchers monitoring the boxes in Maricopa County.

In his ruling, Liburdi, who was appointed to his post by former President Donald Trump, wrote that a restraining order against the conservative group would be unconstitutional because there was not sufficient evidence of a threat. According to a report by The Associated Press, a second plaintiff, Voto Latino, was removed from the case.

“While this case certainly presents serious questions, the Court cannot craft an injunction without violating the First Amendment,” Liburdi wrote. Liburdi is a member of the Federalist Society, a conservative legal organization, the AP reported.

“Plaintiffs have not provided the Court with any evidence that Defendants’ conduct constitutes a true threat,” he continued. “On this record, Defendants have not made any statements threatening to commit acts of unlawful violence to a particular individual or group of individuals.”

Both Local and federal law enforcement agencies say they have been alarmed by reports of people watching 24-hour ballot boxes in Maricopa and Yavapai counties as midterm elections near. Several voters have accused members of Clean Elections of following, taking photos and videos of voters as they dropped off their ballots, AP reported.

Arizona law states electioneers and monitors must remain 75 feet from a voting location, but the complaints have caused heightened tensions among voters and election officials. An attorney from Clean Elections said such a broad restraining order request would be unconstitutional. The group that sought the order expressed disappointment, saying it believed Clean Elections was guilty of voter harassment.

“We continue to believe that Clean Elections USA’s intimidation and harassment is unlawful,” the AARA said in a statement.

Arizona Attorney General Mark Brnovich, as well as the Arizona District of the U.S. Attorney's Office, have vowed to combat voter harassment, pointing to lawsuits such as the restraining order request as proof that it was protecting election integrity.

“We will vigorously safeguard all Arizonans’ rights to freely and lawfully cast their ballot during the election,” The U.S. Attorney’s Office for the Arizona District said in a statement to AP. “As the several election threat-related cases pending federal felony charges from alleged criminal activity arising out of our State show, acts which cross the line will not go unaddressed.”

In another lawsuit that was folded into the Clean Elections USA case, members of the League of Women Voters have alleged intimidation by Clean Elections USA, along with The Lions of Liberty and the Yavapai County Preparedness team, both of which are associated with the far-right group Oath Keepers.

Luke Cilano, a member of the Lions of Liberty board, said the organization had dropped its “Operation Drop Box” initiative, “due to being lumped in with people who don’t adhere to the law and our rules of engagement" with other voters.

“Our goal is not to scare people and keep them from voting,” he said. “We love our country very much.”