Bullies at the Ballot Box - Demos

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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
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 mIxed It is good that only a limited number of watchers are permitted in the polling place at any time, that photography is prohibited, and that poll watchers must be approved by the supervisor of the elections before Election Day. Florida law could be improved by having stronger restrictions on poll watcher behavior, such as prohibiting watchers in the voting area, and prohibiting communication with voters. Election officials should have explicit authority to eject watchers who interfere with the orderly conduct of the election. Each political party and each candidate is permitted to have one watcher at a time in each polling room or early voting area during the election. FLA. STAT. § 101.131 All poll watchers must be allowed to enter and watch polls in all polling rooms and early voting areas within the county in which they have been designated, but only if the number of poll watchers at any polling place does not exceed the number provided in this section. FLA. STAT. § 101.131 No photography is permitted in the polling room or early voting area. FLA. STAT. § 102.031 Law enforcement officers or candidates may not serve as a designated poll watcher. FLA. STAT. § 101.131 Each party, political committee, and candidate may designate poll watchers for each polling room on Election Day. The designation must be in writing, on an official form, submitted before the second Tuesday preceding the election. Poll watchers must be approved by the supervisor of elections on or before the Tuesday before the election. FLA. STAT. § 101.131 FlorIda Each poll watcher must be a qualified and registered elector of the county in which she is appointed. FLA. STAT. § 101.131 mIxed It is good that there are specific processes for ejecting challengers and watchers who interfere with the orderly process of voting. Missouri could strengthen its laws by clearly prohibiting photography or recording voters and by more explicitly defining a space where voters may not be observed or communicated with. Laws governing those individuals who observe the counting of the vote can be located at MO. REV. STAT. §§ 115.107; 115.085. If any watcher or challenger interferes with the orderly process of voting, or is guilty of misconduct or any law violation, the election judges shall ask the watcher or challenger to leave the polling place or cease the interference. If the interference continues, the election judges shall notify the election authority, which shall take such action as it deems necessary. It shall be the duty of the police, if requested by the election authority or judges of election, to exclude any watcher or challenger from the polling place or the place where votes are being counted. If any challenger is excluded, another may be substituted by the designating committee chairman. MO. REV. STAT. § 115.111 Prior to the close of the polls, challengers may list and give out the names of those who have voted. The listing and giving out of names of those who have voted by a challenger shall not be considered giving information tending to show the state of the count. MO. REV. STAT. § 115.105 Laws governing those individuals who observe the counting of the vote can be located at MO. REV. STAT. §§ 115.107; 115.085. mISSourI In Missouri, the term ‘watcher’ refers only to individuals who observe the counting of votes and not those individuals who are in the polling place on election day. See MO. REV. STAT. §§ 115.107(4); 115.085 Missouri does permit individuals who have been designated as challengers in the polling place on Election Day. See Appendix 1. 45 • aPPendIx 3 | State Laws Governing Poll Watchers and Poll Observers
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Page 5 and 6: exeCutIVe Summary they say they wan
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Page 13 and 14: should guard against extensive last
Page 15 and 16: In June 2012, the Department of Jus
Page 17 and 18: proof” of qualifications to vote.
Page 19 and 20: least one additional screen from fr
Page 21 and 22: eCommendatIonS For addreSSIng CagIn
Page 23 and 24: and a media observer with valid med
Page 25 and 26: challenged, the process for determi
Page 27 and 28: place. 280 They may not impede the
Page 29 and 30: and request proof of eligibility. G
Page 31 and 32: challenges, rules governing the cha
Page 33 and 34: tampering with a voter’s ballot,
Page 35 and 36: estrict protests within a certain a
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Page 59 and 60: 87. Marc Caputo, “Florida’s Vot
Page 61 and 62: 277. Id. 278. Id. 279. Id. 280. N.C
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Bullies at the Ballot Box - Demos

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