As I was skimming the headlines tonight, I stopped at a suspicious-looking article from NBC, titled “Ohio Judge Blocks Trump Supporters from ‘Exit-Polling.'” The article celebrates a ruling by Ohio Judge James Gwin regarding a restraining order filed by the Ohio Democratic Party against the Ohio Republican Party, Donald Trump, Roger Stone, & “Stop the Seal.” Ohio Democrats argued that the restraining order was necessary to prevent Trump’s supporters from intimidating voters at the polls but, while virtually all of us agree that voter intimidation is bad (hm-kay?), this citizen-journalist finds the language of the judge’s order extremely problematic.

The judge didn’t simply grant the Ohio Democrats’ request for a restraining order — the judge’s decision effectively outlaws all unauthorized exit-polling and all unauthorized election-observation, not just by Trump’s thugs but by anyone at all!

A Closer Look

At Ohio’s Court Order

NBC’s article didn’t provide any sources but, after a bit of digging around, I was able to locate this PDF file of the actual court order resolving case-no. 16-CV-02645 and what I found was basically the worst possible thing that could happen to an election. The restraining order was not only granted but expanded to include literally everyone but government elections officials.

It is hereby ordered that, […] until voting in the 2016 Presidential Election is complete, Defendants Trump, Stone, and Stop the Steal—as well as their officers, agents, servants, and employees—and other individuals or groups, including groups associated with the Clinton for Presidency campaign, are restrained […] from engaging in voter intimidation activity… [Emphasis added by John Laurits] -from Judge James Gwin’s Opinion and Order resolving case-no. 16-CV-02645, filed on November 4th, 2016

At first, it doesn’t look so bad, right? But why would we need a court order to forbid something that was already illegal, like voter intimidation? The answer lies in the fact that this order defines “voter intimidation” in a very peculiar way. In Ohio, intimidation now officially includes “engaging in any unauthorized “poll watching” activities inside of polling places,” as well as “gathering or loitering, or otherwise being present” except to actually vote — and, perhaps most worryingly of all, the order includes individuals or groups engaged in “purported ‘exit polling’ or ‘citizen journalist’ operations.”

Exit Polling & Elections Observation

Are Now Illegal in Ohio

In other words, citizen-led exit polling, election-integrity activism, journalism, & election observation are now illegal in Ohio, a key swing-state in 2016, which means that we have just lost all lines of defense against any possible election fraud. The court order threatens any legitimacy the presidential election could have had (ha!) because, on account of the quirks of the electoral college, the results from Ohio will be crucial to the outcome.

The order also specifies that statewide law enforcement officials will be told to enforce all of this.

Democrats Have Filed

for Similar Orders in Other States

According to NBC, democrats have also filed for restraining orders in Arizona, Pennsylvania, Michigan, & Nevada but, at the time of this writing, I have not located any information on the situation in these other states. One thing is for sure, however — with each court that issues a similar order, it will chip away at the already shaky public perception that US elections have any legitimacy.

There is still a possibility that the “honorable” judge James S. Gwin’s order could be appealed but — if citizens fail to counter this frankly terrifying move — Ohio may only be the first of many states to issue an order criminalizing election transparency. To be honest, I never imagined that I’d be publicly wishing that our government had accepted Russia’s invitation to send election-observers but — well, here we are.

In solidarity,

John Laurits

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