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On 24 October 2016, news site Breitbart posted an article reporting that the Department of Justice had warned that polling place vigilantes monitoring for potential fraud could face consequences under federal law: That story prompted the Conservative Daily Post blog to post a dire-sounding article: The statement referenced in both articles is a 24 October 2016 release by the Department of Justice outlining the agency's role in election fraud, voter intimidation, and discrimination at the polls, and combating these violations on Election Day: According to federal law: The statement appeared not long after Republican presidential nominee Donald Trump began to claim that the election would be rigged in favor of his Democratic opponent, Hillary Clinton. On 18 October 2016, during a speech in Grand Junction, Colorado, Trump instructed his supporters to watch polling activities in certain cities: Sean Young, senior staff attorney for the American Civil Liberties Union's Voting Rights project, told us that there is no one-size-fits-all test for what constitutes voter intimidation, and laws vary from state to state as to what citizens are permitted to legally do if they believe a person is not qualified to vote. However, Young said challenging people on their right to vote based on factors like whether or not they speak English, what neighborhood they come from, or the color of their skin could easily cross the line into voter intimidation: One example of a gray area could be in states with open-carry laws, he said. While some states prohibit firearms in polling places, others do not have laws against it: The DOJ release cautioned that the activities listed may violate federal laws. It did not say legitimate efforts to block voting fraud (and within the confines of state laws) are now illegal.
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