Bullies at the Ballot Box - Demos

3. state laws governing Poll watChers anD Poll oBservers
aSSeSSment:
are VoterS ProteCted?
PermItted and ProhIBIted ConduCt
By Poll WatCherS and oBSerVerS
ProCedureS For deSIgnatIng
Poll WatCherS and oBSerVerS
Who IS elIgIBle to SerVe aS
a WatCher or oBSerVer?
State
SatISFaCtory
Colorado law protects voters
by prohibiting poll watchers
from interfering with
the election process, and by
allowing officials to remove
any poll watchers that are
disruptive. Also, Colorado
does not allow watchers into
the voting area and prohibits
the recording of individuals
in the polling place, which
is protective of voter privacy
and the secrecy of the ballot.
Colorado law could be better
if it more clearly prohibited
watchers from communicating
with voters.
Poll watchers have the right to maintain a
list of eligible electors who have voted, to
witness and verify each step in the election’s
conduct, to challenge ineligible electors, and
to assist in correcting discrepancies. Poll
watchers may observe polling place voting,
early voting and the processing and counting
of ballots. It is a misdemeanor intentionally
to interfere with a poll watcher discharging
her duties.
COLO. REV. STAT. § 1-7-108(3)
Poll watchers may not disrupt or interrupt
any stage of the election, or interfere with the
election’s orderly conduct.
8 CCR 1505-1, Rule 8.8.1.
Poll watchers who commit, encourage, or
connive in any fraud in connection with
their duties, who violate any of the election
laws or rules, who violate their oath, or who
interfere with the election process may be
removed by the designated election official.
8 CCR 1505-1, Rule 8.15.
Poll watchers are not permitted within the
immediate voting area, or within six feet of
the voting equipment or voting booths and
the ballot box, except by authority of the
election judges or election officials, and then
only when necessary to enforce the law.
COLO. REV. STAT. § 1-5-503; see also 8
CCR 1505-1, Rule 8.6
Poll watchers are not allowed to have cell
phones, cameras, recording devices, laptops
or PDAs (Palm Pilot, Blackberry, etc.) in the
polling place.
8 CCR 1505-1, Rule 8.4
A watcher must be designated “by a
political party chairperson on behalf of
the political party, by a party candidate
at a primary election, by an unaffiliated
candidate at a general, congressional
vacancy, or nonpartisan election, or by a
person designated by either the opponents
or the proponents in the case of a
ballot issue or ballot question.”
COLO. REV. STAT. § 1-9-201(1)(b).
Colorado A poll watcher in Colorado is any
eligible elector, other than a candidate,
who has been designated
by appropriate party officials. A
poll watcher does not have to be a
resident of the county in which he
is designated.
COLO. REV. STAT. § 1-1-
104(51)
44 • aPPendIx 3 | State Laws Governing Poll Watchers and Poll Observers