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DA's Office Ready to Field Election Day Complaints
By Brittany Polito, iBerkshires Staff
01:52AM / Monday, November 02, 2020
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District Attorney Andrea Harrington
PITTSFIELD, Mass. — Local officials expect a peaceful Election Day but they're not taking any chances.
 
The Berkshire District Attorney's Office is collaborating with the Attorney General's Office, local law enforcement, and local election officials to ensure that voters have a safe and orderly experience.  
 
Berkshire District Attorney Andrea Harrington said she has assigned a lead prosecutor to work with the Attorney General Maura Healey's Election Protection Task Force to field reports of voter intimidation, interference, or disorderly conduct at the polls.
 
Residents are asked to report of any issues or disorderly conduct to election clerks, local law enforcement, or by calling the District Attorney's Office at 413-443-5951. To take a higher volume of calls, the DA's office will have staff available to answer phone calls and take reports until the polls close on Election Day.
 
Anyone seeking to utilize their freedom of speech near polling locations is asked to follow all election-related laws and the direction of local election officials.
 
Harrington said her office has not received any information of threats or concern relevant to the polls in Berkshire County. She expects voting to be peaceful and safe as it is every year, but given the recent incidents of bias and racism that have been happening throughout the country, she thought it was important to be proactive in establishing lines of communication and expectations.
 
"It's not ramping up a big law enforcement presence from what I can see," Harrington said. "It's really communication about helping people be reassured that it is safe, and that law enforcement is there to de-escalate and to make sure that people feel safe voting and that people's rights to free speech are protected."
 
State law requires law enforcement presence at polls, so residents are accustomed to seeing police there. This security will not necessarily be increased, but will be more focused around de-escalating conflict while allowing the exercise of free speech and people having the right to vote without intimidation.
 
Between the COVID-19 pandemic and the level political of tension within the United States, many Americans fear incidents on Election Day.
 
"This election is unlike any that I think anyone has really seen before," Harrington said.
 
Earlier this month, a Dalton man was arrested for the burning of a large political sign on a local farm's property. Arrests have also been made at the weekly rally in support of President Donald Trump in front of Kelly's Diner, which is counter protested by a Black Lives Matter group.
 
For disturbances at polling stations such as voter intimidation, a person could be charged with disorderly conduct or for failing to follow the directions of an election worker. Any disputes at polls can be handled by an election worker, and failing to follow their instructions could potentially lead to a criminal charge.
 
There are less obvious kinds of voter intimidation that can be hard to identify. These would be prosecuted by the Attorney General's Office, which has expertise in election law.
 
"Voter intimidation can look different than a typical crime," said Harrington.
 
If anything happens at the polls that makes a person uncomfortable or concerned, Harrington is asking them to notify election workers, law enforcement, or the provided telephone number for her office.
 
She said her office wants to establish clear lines of communication and to make sure voters do not feel intimidated, but she also wants residents to be assured that poll workers are taking all measures to keep them safe from COVID-19.
 
Aside from social distancing, increased sanitization, and sneeze guards, early voting and mail-in voting has cut down the amount of people that actually need to got to the polls on Election Day. This is expected to make social distancing efforts more effective.
 
Harrington said election officials are very COVID-19 conscious and are working hard to make the polls safe place for people to vote, even for those with specific health concerns.
 
"I can tell you from being at the polls on primary election day that they are very organized,"  she said.
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