Bullies at the Ballot Box - Demos

aSSeSSment:
are VoterS ProteCted?
ProCedureS For makIng and
determInIng ValIdIty oF ChallengeS
legal BaSIS For ChallengIng
a Voter’S elIgIBIlIty
Who Can Challenge
on eleCtIon day?
State
mIxed
The requirement that challengers
must be from the same precinct helps
prevent excessive challenges. It is
also good that a challenged voter can
vote after affirming her voting qualifications
through an affidavit.
However, Missouri should improve
its law by requiring that challenges
be in writing under oath, based on
personal knowledge, and supported
by evidence. Missouri should also
provide guidance as to how election
judges should resolve challenges. It
should be clarified that the burden
of proof is on the challenger, and a
voter who signs an affidavit affirming
her qualifications is able to vote a
regular ballot.
Once a voter has been challenged, a majority
of the election judges at a polling place must
determine whether he or she will be allowed
to vote a regular ballot. If a decision cannot be
reached, the question shall be decided by an
election authority.
MO. REV. STAT. § 115.429(3)
The voter may be required to execute an affidavit
under penalty of perjury affirming her
voting qualifications.
MO. REV. STAT. § 115.429(3), (5)
Voters are entitled to cast provisional ballots,
upon executing an affidavit, even if election
authorities determine a voter is ineligible.
MO. REV. STAT. § 115.430
Grounds for challenging an elector
include age, citizenship, legal residence
in the state and the appropriate
county, and the voter’s registration
status.
FLA. STAT. § 101.048
The grounds for challenges include
citizenship status, residency, age,
identity, incapacity, and certain categories
of felon status.
MO. REV. STAT. §§ 115.429,
115.133
mISSourI A challenger must be a registered
voter in the precinct
and must be designated by
the chair of the county committee
of a political party
named on the ballot.
MO. REV. STAT. § 115.105
mIxed
It is good that Nevada requires
personal knowledge and an affidavit
from challengers.
The detailed provisions for responding
to challenges are very thorough.
However, these rules are potentially
burdensome for voters and confusing
for poll workers. This complexity
could result in eligible, registered
voters being denied their right to
vote.
A challenger must submit a signed affirmation
stating the basis for the challenge and that the
challenge is based on personal knowledge.
NEV. REV. STAT. § 293.303
The challenged voter must execute an oath or
affirmation of his or her eligibility to vote.
NEV. REV. STAT. § 293.303
The exact procedures will depend on the
grounds on which the voter was challenged.
For instance, a person challenged on the basis
that he is not the person he claims to be must
show official photo identification or have a
person vouch for the challenged voter’s identity;
the vouching person must themselves be
at least 18 years old and have photo identification,
though there is not a requirement that
they be registered.
NEV. REV. STAT. § 293.303
If a voter is successfully challenged on grounds
of residency, he or she may only vote at a
“special polling place” in the county clerk’s
office or at such other locations as the county
clerk deems necessary during each election.
The challenged voter must also state under
oath that they have satisfied the appropriate
eligibility requirements.
NEV. REV. STAT. § 293.303
A voter may be challenged on the
following grounds: the voter does not
belong to the political party designated
upon the register or the party
which they claim to belong to; the
voter does not reside at the address
listed as his or her residence in the
election board register; the voter
previously voted a ballot for the election;
or the voter is not the person he
or she claims to be.
NEV. REV. STAT. § 293.303
neVada Any other voter registered
in the same precinct.
NEV. REV. STAT.
§ 293.303
39 • aPPendIx 2 | State Laws Governing Election Day Challenges