Bullies at the Ballot Box - Demos

gloSSary
Caging – the practice of compiling a list of voters
based on returned mail for the purpose of challenging
their eligibility to vote. A caging list is compiled by
conducting a mass-mailing and collecting the names
of voters where the mail was returned. Lists may also
be built by comparing different databases. Although
many caging lists contain inaccuracies or are based
on unreliable data, the list is often used to purge
voters from registration rolls, or to challenge voters’
eligibility.
Challenge – a formal assertion that a person is
not eligible to vote. Depending on the state, challenges
may be made during a pre-election period or made in
person on Election Day. States vary in terms of who
may challenge a voter’s eligibility and the process for
determining a voter’s eligibility once it is challenged.
The potential for abusing voter challenges is high,
particularly where organized groups seek electoral
gain.
Challenger – anyone who challenges a voter’s
eligibility to vote, whether on or before Election
Day. Many states allow any registered voter in the
appropriate jurisdiction to serve as a challenger,
whereas other states have specific criteria and an
official process for designating challengers.
DeCePtive PraCtiCes – the intentional
dissemination of false or misleading information
about the voting process in order to prevent an eligible
voter from casting a ballot, such as by providing
misinformation about when or where to vote.
eleCtioneering – the act of campaigning for
a particular candidate, issue, or party. Most states
prohibit electioneering on Election Day in the area near
the entrance to the polling place.
Poll watCher – a person, generally appointed by
a candidate or a political party, authorized to observe
the implementation of Election Day procedures at a
polling place. In some jurisdictions, poll watchers are
referred to as poll monitors or observers. States have
different rules governing what these individuals can
and can’t do inside the polling place.
Provisional Ballot – a ballot used to record
a vote when election officials cannot determine a
voter’s eligibility or qualifications to vote on Election
Day. A provisional ballot will be counted only if the
voter’s eligibility or qualifications are verified within a
prescribed time after Election Day, through a process
that may vary from state to state. In some states,
individuals who are challenged on Election Day may be
required to use provisional ballots. Provisional ballots
often are not counted.
Purging – when done properly, purging is the
process of removing dead or ineligible voters from
the voter roll so as to comply with the National Voter
Registration Act (NVRA). Sometimes, purging leads
to eligible voters being improperly removed from the
registration rolls, for instance by using caging lists to
remove names based on flawed data and inaccurate
procedures.
voter intimiDation – the use of threats,
coercion, harassment or other improper tactics
to interfere with the free exercise of the right to
vote. Violence or the threat of violence is universally
recognized as illegal forms of voter intimidation.
There are significant differences across states as to
which forms of non-physical voter confrontation
and challenges rise to the level of intimidation
or are otherwise unlawful. Many states prohibit
private citizens or poll watchers from confronting
or challenging voters within the polling place and/
or making video, audio, and photographic recordings
of voters within or around the polling place, or, more
generally, from interfering with the proper conduct of
the election.
September 2012 | Bullies at the Ballot Box • 3