Bullies at the Ballot Box - Demos

polling place may remove an observer for subsequent
violations. 301 If an observer is removed from the polling
place, the presiding judge may request the observer’s
certificate of appointment and return it to the Board
of Elections indicating that the observer was removed
from the polling location. 302
PennSylVanIa
In Pennsylvania, election judges, “overseers of
election,” election officers, and qualified electors
may challenge a registered voter. 303 A person can be
challenged if attempting to vote outside the election
district in which he or she resides, if he or she is not
properly registered in the election district (except by
court order). 304 Pennsylvania’s laws do not contain
sufficient protections for eligible registered voters.
The law states that if a voter is challenged as to his
identity or residence, the voter must present a witness
– who is a qualified elector of the district – to swear
to the voter’s qualifications. 305 While a voter who is
challenged is allowed to vote provisionally, 306 this
does not alleviate the concern that many voters will
not go to the polls in pairs. The lack of restrictions
on who may challenge a voter’s eligibility is also
troublesome. Pennsylvania should improve its laws to
limit the number of people who can challenge a voter’s
eligibility, and improve the process for determining a
challenge so that it is less burdensome and less likely to
disenfranchise eligible registered Pennsylvanians.
Each candidate at any election may appoint two
watchers for each election district in which he or she is
running, and each political party that has nominated
candidates may appoint three watchers at any general,
municipal or special election for each election district
in which its candidates are competing. 307 Each watcher
must be a qualified registered elector of the county in
the election district. 308 It is not required that a watcher
be a resident of the election district for which he or she
is appointed. 309 Only one watcher for each candidate
at primaries and for each party at general, municipal
or special elections may be present in the polling
place, from the time the election officers meet until the
counting of votes is complete and the district register
and voting checklist are sealed. 310 All watchers present
are required to remain outside the enclosed space. 311
24 • Bullies at the Ballot Box | September 2012
After the close of the polls, while the ballots are being
counted or the voting machine is being canvassed, all
the watchers are permitted in the polling place, as long
as they remain outside the enclosed space.
Each watcher receives a certificate from the
county board of elections, stating his name and the
name of the candidate, party or political body he
represents and is required to show the certificate upon
request. 312 Watchers may keep a list of voters and shall
be entitled to challenge any prospective voter and to
require proof of his or her qualifications to vote. 313
The judge of elections must permit watchers to inspect
(but not mark) the voting check list and either of the
numbered lists of voters maintained by the county
board. 314
Pennsylvania also has a category of people
allowed at the polls in an official capacity called
“overseers of election” who supervise the proceedings
of election officers, as well as poll watchers. 315
Overseers of the election are appointed, following
a petition of five or more registered electors of any
election district, or by the court of common pleas
of the proper county. 316 That court is authorized to
appoint two “judicious, sober and intelligent electors”
of the district belonging to different political parties
to supervise the proceedings of election officers.
These overseers must be qualified to serve on election
boards and must be sworn or affirmed by the judge
of election. 317 Overseers have the right to be present
with the election officers during the entire time the
election is held and to observe the votes counted and
returns made out and signed by the election officers.
Overseers may keep a list of voters. 318 Overseers may
also challenge any person attempting to vote, examine
the voter’s papers, and ask the voter and the voter’s
witnesses, under oath, about his or her right to vote
in that election, and they are responsible for signing
election returns. 319 Whenever the members of an
election board differ in opinion, the overseers may
decide the question if they are in agreement. 320 Election
officers are required to provide overseers with “every
convenience and facility for the discharge of their
duties.” 321
It is a problematic feature of Pennsylvania’s
law, that watchers and overseers can challenge voters