When the Watchers Watch You

On his campaign website, Donald Trump has called for his supporters (Daily Kos calls them ”his goons”) to “Help Me Stop Crooked Hillary From Rigging This Election!” by signing up as “poll watchers”. On 12 August, in a rally at Altoona, Pennsylvania, he told his minions that Clinton could win the state only by cheating. He asked them to “go down to certain areas and watch and study, and make sure other people don’t come in and vote five times.” A few days later, Mike Pence, repeated the call to vigilance in Manchester, New Hampshire, telling spectators “you are the greatest vanguard for integrity in voting.”. Over and over again, he has insisted that the election is rigged, that it will be stolen, that “certain areas” and “other communities”might commit fraud, referring to long-debunked allegations of intentional fraud. The “certain areas” are voting wards where large numbers of voters are neither white nor Republican.

Trump has claimed that dead people are still on the rolls and will have their votes cast by living supporters of Mrs. Clinton (although it would be really neat if actual dead voters showed up). He has stated, with absolute certainty, that Democrats are “letting people pour into the country so they can go and vote.” He exhorted rally goers in Pennsylvania, “So important that you get out and vote. So important that you watch other communities, because we don’t want this election stolen from us.” In fact, he felt it necessary to emulate Lewis Carroll’s Bellman in repeating his instructions three times by adding, “We don’t want this election stolen from us. We do not want this election stolen.”

In my last post, I outlined some of the restrictions and regulations placed on the behavior of election observers, and I also warned that Trumpeteers who decide to act as poll watchers may not only not have proper training but also may not be properly registered as genuine election observers. In such a case, they will not know the rules of the polling place and there is a good chance that during the course of the day, they will trample on voters’ rights to cast their ballots without interference, and given prior incidents involving minions of His Orangeness, that interference could get ugly.

Given both their support of and willingness to commit violence in the name of Hair Führer, there is a definite possibility that voter interference could get ugly. We have met Rhonda, who is “ready for a revolution”. Then there’s Trump supporter Dan Bowman, who told the Wall Street Journal, “I feel like Hillary needs to be taken out. If she gets in the government, I’ll do everything in my power to take her out of power. If I have to be a patriot, I will.”. People suspected of being illegal immigrants or Muslims have been attacked. In Kansas, three men were arrested in a plot to kill large numbers of Muslim Somali immigrants. Some of these threats have been made in the context of the Trump campaign.

Given all this, it is important in this election for you to know your rights as voters and how to ensure you can vote without interference.

As I mentioned previously, I work elections in Wisconsin, and will use terms familiar to me. Our poll workers are called election inspectors; we report to a chief inspector who runs the polling site. Registered, trained observers are called election observers. The untrained and potentially disruptive people who think they are monitoring the election I shall call poll watchers. Any information given here may also apply in your location, but do not use my advice without checking with your local election officials to see if they apply.

As a voter, you have a right to mark and cast your ballot in privacy and without interference. These expectations temporarily supersede any free speech rights someone else may claim to violate those rights or influence your vote. You may not be subjected to electioneering, you may not be photographed, and if you ask someone to leave you alone, it is incumbent upon them to shut the hell up and go away. These are things that apply no matter where in the US you vote.

To vote without hindrance, the election inspectors are your best friends. They cannot interfere with your voting. They may offer to help if you look confused, but are not allowed to assist without your permission. On the other hand, inspectors will do whatever they can to make sure you can complete your voting. Here are some of the most common ways inspectors help voters: They make sure that you are in the right location for voting. After a redistricting, or when voters move, they may not know where their new polling place is. They help disabled voters; people with visual or physical impairments may need help marking their ballots. If you have trouble reading or writing, an inspector is allowed to help you mark your ballot, but only at your request. Similarly, inspectors may also assist voters with access problems. Wisconsin law even allows inspectors to provide curbside voting for people who are unable to leave their vehicles. Where non-electronic voting is used, you can ask an inspector if there is an error or other problem with your ballot. A common problem with marked or punched ballots is overvoting, or marking two candidates for the same office. Spoiled ballots are destroyed; in Wisconsin, voters get three chances to submit a proper ballot, a procedure subject to variation.

A number of states, including Wisconsin, have not yet had voting day registration quashed by state legislators determined to suppress voting. If this is in effect, one or more inspectors will have been designated to help you fill out and process your application. Where same-day registration is available, you need proof of identity and proof of residence. Proof of identity is typically a state-approved photo ID; proof of residence is something official with your name and current address that can be used to verify that you are voting in the right location. In Wisconsin, this can be a utility bill, bank statement, paycheck, school schedule or letter from a government office that has your current address and is less than thirty days old. Homeless voters can register with an ID and a letter from a local state-licensed shelter or aid agency.

Election observers are under more restrictions than election inspectors, especially concerning interaction with voters. In places where observers are allowed, restrictions follow these general rules: Observers are confined to a specific area in the polling place, and they must inform inspectors when leaving this area and the reason for doing so. They must maintain a distance from voters, typically six feet, unless they are entering or leaving the polling place or observing specific activity under the supervision of an inspector. They may not talk to voters. If you talk to observers (perhaps having mistaken an observer for an inspector) the only thing they can tell you is that they are not allowed to talk to you. Observers cannot photograph or otherwise record personal information or the activity of any particular voter.

Neither inspectors nor observers are allowed any form of political expression in the polling area. No buttons, no imprinted clothing, other than badges or lanyards bearing their credentials (like the badge illustration accompanying this post). Observers acting on behalf of a political party must have this information on their credentials.

Your fellow voters do not have many of thee restrictions. They can wear campaign-related items, they can talk to other voters, they can conduct political conversations. However, in the polling area, there are certain legal limits to free expression. No electioneering activities are allowed, and this typically applies to the entire building and a certain distance (typically 50 or 100 feet) away. This includes distributing literature or other campaign materials, or campaign-related speech. Cell phone use, including photography, is not allowed in the voting area – not even selfies. You cannot be physically restrained or verbally intimidated in any way by another voter.

Any time you feel your voting is being interfered with in any way, usually the first thing to do is to politely ask the offending person to leave you alone. If the person is wearing an observer’s credentials, you can tell them that you will file a complaint if you are not left alone. If the person s wearing an inspector’s badge, ask for the chief. If the person has no identifying credentials or badges or seems to be another voter, much depends on the person’s demeanor. If there is any antagonism, aggression or belligerence in play, disengage yourself and look for an inspector. If the person is an unqualified poll watcher, chances are that either they don’t know the rules or don’t care about them.

Remember, too, that polling places can be in locations that have their own rules. They are often found in places like libraries, schools, churches, park pavilions, public housing, fire stations or other municipal buildings. Some might even be located in storefronts or other buildings rented for election day. Some of these buildings may have their own rules you need to be aware of. The ward in which I work votes in a public school building. Weapons are not allowed in the building, concealed or otherwise; local law allows overriding carry permits, and this may apply in your area (note, though, that people who ignore other rules might ignore this one as well). Only school staff and, on election day, election staff, are allowed to use cell phones in the building without permission. In libraries, loud conversation or other noise is not allowed. If you do not observe these rules, you may be removed from the building whether you have voted or not.

Whenever you encounter a problem that a polite refusal does not resolve, your second line of defense is the inspectors. In the polling room, there should be several available to help. Outside the polling room, there may be building staff who can help you; otherwise, go to the polling area and find an inspector. If you are approached while outside the building, you are, unfortunately, pretty much on your own. You may be able to find someone to help you (there will probably be a lot of people coming and going), and you are free to use a cell phone to call police, take a picture of the offender or both.

The following has been making the rounds of the internet. It’s been seen in emails and in blog comment sections:

VOTING IS YOUR RIGHT AS A CITIZEN

If an alleged “poll watcher” tries to impede you at the voting booth:

1 – Tell him kindly to step out of the way
2 – Take his picture with a cell phone
3 – Call the FBI

FBI Civil Rights Division staff will be available by phone to receive complaints related to ballot access (202)307-2767 or toll-free at (800)253-3931. U.S. Department of Justice, Civil Rights Division, Voting Section can be reached at (202)307-2767 or toll-free at (800) 253-3931.

PLEASE PASS THIS ON.

Some of this information is helpful, some isn’t. Step one, as I explained earlier, is the first thing to do in any situation. Step two, however, may not be a good idea. Photography is not allowed in any area where the voting booths or registration tables are located. If you take someone’s picture while you are waiting in line to check in or use a voting booth, you might be the person asked to leave (this may, in fact, be your harasser’s objective), and if you haven’t cast your ballot, you lose your votes. Step three may be unwise at best and useless at worst. Cell phone use is not permitted in almost all polling places (except by election staff) and may be prohibited in the building hosting the voting. This may also result in your removal. While the numbers given are valid, and do reach offices that handle voter complaints, all they can do is take your contact information and have a government attorney call you back. They can do absolutely nothing to resolve the immediate situation. It won’t matter if you call immediately or wait until you get home.

At the risk of being monotonous, ask an election inspector. The inspectors can call police if necessary and they are trained to deal with voter interference.

You may wonder why photography and phone calls are not allowed in the voting area, or if such a restriction violates free speech. This is a case where your right to privacy as a voter is also a free speech right that takes precedence in this case. If you are photographed while voting, such a picture could be used in the future as a means of voter intimidation. It is also possible that an imago of your ballot could be recorded, violating the secrecy which is your right. Phone use could also transmit information that could be used against you to a third party. In the 2012 recall election, seven people were asked to leave for using their phones or taking pictures; three of them were registered observers who should have known better. If you do need to make a call, leave the voting area or, if necessary, the building. If your phone rings, either leave, ignore it, or, better yet, turn it off while you are voting.

Whatever you do, do not let a problem escalate to an altercation. Any such disruption interferes with other voters, and the inspector won’t care who started it. Once again, before election day, make a call or use the internet to check with your local election board and find out what regulations apply to your ward.

Some Trumpeteers are promoting that supporters of the short-fingered vulgarian wear red shirts on election day so they can “recognize each other”. Of course they’re forgetting that it makes them easier to spot and avoid by people they are targeting. Another thing they seem to have forgotten is that on Star Trek, at least, anyone wearing a red shirt was in for a very bad time.

As with the previous post, use the comments to ask me any questions; I’ll try to answer them as best I can.

Update to my previous post: the National Conference of State Legislatures has a web page which summarizes the policies governing registered election observers state-by-state.

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