Bullies at the Ballot Box - Demos

subordinate officer unless the presiding officer invites
the discussion. 335 It is a Class A misdemeanor offense
for an official to knowingly prevent an authorized
watcher from observing an activity the watcher is
entitled to observe. 336 And it is a third-degree felony
for any person in a polling place for any purpose
other than voting to knowingly communicate any
information obtained at the polling place about how
a voter has voted to a third person. 337 It is also illegal
for poll workers or watchers to reveal any information
about the results or the names of who has and has not
voted at any time before the polls have closed. 338
virginia
In Virginia, any qualified voter may challenge another
voter at the polls on Election Day, which leaves the
voters of Virginia at the mercy of anyone who may
want to show up at the polls and be disruptive.
However, at least any challenge must be in writing.
The challenger must fill out a form, subject to
penalties, stating that the challenged voter is not a
citizen, a resident, of age, has already voted elsewhere,
is disqualified by the state (e.g. due to a felony
conviction), or is not who she represents herself to
be. 343 The challenged voter can sign a statement that
she is eligible and may then vote a regular ballot. 344
However, if the challenged voter refuses to sign the
statement, he or she won’t be able to vote even using a
provisional ballot. 345 The Virginia legislature improved
its law in 2007 by requiring any Election Day
challenges to be on a written form. This is protective of
voting rights as it creates a measure of accountability
for someone making a challenge. However, Virginia
should improve its laws further by requiring an
stronger evidentiary basis for a challenge.
Election officials must permit at least one
authorized representative for each political party or
candidate in the room in which the election is being
conducted at all times. Election officials have the
discretion to permit as many as three representatives of
each political party or independent candidate to remain
in the room in which the election is being conducted. 346
Authorized representatives must be qualified Virginia
voters. Each authorized representative must present to
the officers of election a written statement (or copy),
26 • Bullies at the Ballot Box | September 2012
signed by the party chairman or candidate, designating
him as the party’s or candidate’s representative. 347
Authorized representatives are allowed to use wireless
communications devices, but they are not permitted to
use the camera or video function on those devices. 348
The officers of election may prohibit the use of cellular
telephones or other handheld wireless communications
devices if such use will unlawfully impede, influence, or
intimidate voters. 349
Authorized representatives must be allowed,
whether in a regular polling place or central absentee
voter precinct, to be close enough to the voter check-in
table to be able to hear and see what is occurring. 350
However, such observation shall not violate the
secrecy of the ballot protected by the Virginia state
constitution. 351 Thus, they may move about the polling
place to observe the election so long as they do not
“hinder or delay a qualified voter or the officers
of election, provide or exhibit campaign materials,
attempt to influence a person voting, or otherwise
impede the orderly conduct of the election.” 352
Officers of election have the authority to remove any
representative who does not adhere to the applicable
guidelines. 353 It is good that Virginia has a statutory
basis for removing representatives that are disturbing
the orderly conduct of elections.
reCommendatIonS For
addreSSIng eleCtIon day
ChallengeS and Poll WatCherS
By allowing individuals to challenge voters’ eligibility
to vote at the polls on Election Day, states run the risk
that challenges will be used as a suppressive tactic for
partisan gamesmanship. Challenges have been deployed
against specific populations, often communities of
color, in a way that is truly un-American and hearkens
back to some of our country’s darkest days. Moreover,
when voters face challenges at the polls, it can slow
down the process for everyone else at the polling place.
Although some states’ laws are better than
others, many are too vague and unclear and make
it too easy for baseless challenges which throw up
barriers to the voting rights of eligible, fully qualified
registered voters. In order properly to protect voters’
rights to be able to cast their vote free of inappropriate