Trump's Poll Watchers

[TomSlick]

Trump's call for "his people" to monitor the polls got me to wandering about the law concerning poll watchers. I checked the law in Arkansas.

A candidate or party can have two (2) poll watchers at each polling site - one to watch the sign-in table and another to generally watch the voting but they must be designated in writing by the candidate or party and the designation filed with the county clerk. If they have not been appropriately designated in writing, they should be removed. The poll watchers cannot attempt to persuade a voter how to vote, cannot approach a voter in the polling place, and cannot disrupt the voting. Moreover, they cannot wear or carry any campaign materials in the polling place. If they break the rules, they should be removed.

[CaptYossarian]

1. No mention of a firearm?

[TomSlick]

4. Not surprisingly, Arkansas firearms laws are a muddled mess.

The Arkansas concealed weapons statute (AR Code § 5-73-306) prohibits carrying concealed weapons in a polling place. However, the GOP Attorney General has opined that Arkansas law allows for open carry unless the intent is to use the weapon for the purpose of committing a crime. According to the AG's opinion, open carry is a basis for the police to stop and question.

My advice if someone is openly carrying a firearm in a polling place would be to call the police and see what happens. If a MAGAt is openly carrying and intimidating voters, in addition to calling the police, call
Election Protection at 866-OUR-VOTE (866-687-8683).

[CaptYossarian]

14. The "committing a crime" part may be challenged out of vagueness.

A lawyer may argue the intent of the law was committing a violent crime, although voter intimidation is certainly a crime,.

It would then be up to the discretion of the local police and the DA.

[TomSlick]

16. The only way it would be challenged is if some cop stopped and questioned someone for open carry.

That seems unlikely.

First, there have not been the rallies in Arkansas with gun-humpers walking around firearms seen in other states. Second, I suspect that no Arkansas police agencies or officers would be particularly concerned about a gun-humper walking down the street with a firearm. Third, if an Arkansas police officer questioned a gun-humper openly carrying a firearm, I would expect there to have been some other action by the gun-humper that justified the stop and questioning (or at least that is how the officer would testify). Fourth, police officers in Arkansas have a statutory sovereign immunity making a state court lawsuit almost certainly futile and a federal civil rights action would be thwarted by the qualified immunity.

It may be that the NRA, etc. might file such a lawsuit to make a point but I suggest the action could be counterproductive. While the Arkansas Attorney General is a stalwart Republican, she ain't much lawyer. There would be a significant risk that the Courts would disagree with the AG opinion and find that open carry is contrary with the clear meaning of the applicable Arkansas statutes.

[CaptYossarian]

17. Very impressive post with well researched facts and solid defense of your views.

[TomSlick]

18. Thanks. Not all responses to my posts are so affirming.

[GulfCoast66]

20. Excellent post. As I would expect by an Arkansan and a lawyer.

I’ve never seen anyone openly carrying there when visiting. Unless you count deer rifles while driving or walking to the deer stand. Or any type of hunting. But of course then it normally shotguns or deer rifles.

I haven’t lived there since 84 but carrying around a gun back then was unheard of. I was in Little Rock for the funeral of my best friends mother 2 years ago. Never for a minute did I expect to see a gun. Besides being much larger, it seemed not much had changed since I left.

Arkansans are definitely southern. But from my experience they are more practical minded than folks from Alabama or Mississippi. It’s subtle, but if from there you get it. Maybe that’s just me. You may well disagree.

[TomSlick]

21. My experience with folks from Alabama and Mississippi

is too limited to express an opinion concerning your opinion. I bow to your superior position. However, it occurs to me that we may be discussing something akin to the relative virtue of harlots.

[GulfCoast66]

22. You sir, make a good point. Different levels of ignorance.

And granted, my recent experience with Mississippi has only been time spent in Jackson. Which is the saddest Capital city you will ever see. Even their Capitol seems sad. Little Rock along with North Little Rock seem like Manhattan compared to Jackson.

But your point is good. Rural southerners are peas in a pod.

Talked to my uncle in Lafayette County a few days ago. Sounds like fall has come a little early there. Last 2 deer seasons have been freezing. Sitting on the stand below freezing is tough for we southerners. Had to tell him I’m still out of work so will miss deer season for the first time in years.

Have a nice evening.

[mcar]

2. that's right

I'll be a Democratic poll watcher this election. We have to be trained, and designated by the Supervisor of Elections. I'll be issued an ID.

These dirtbags can't just show up and expect to be let into a polling precinct. That is not how it works.

[PuppyBismark]

3. They can only watch process not represent their party orientation

Last edited Thu Oct 1, 2020, 10:59 AM - Edit history (1)

I have been a voting location manager in Ohio. We had poll watchers. They have been trained and must have official documents certification indicating their training and representation. If they break any rules I can ask them to leave. If they refuse to leave we have a hot line at the board of elections who will dispatch appropriate resources including law enforcement.

Likewise no guns are allowed in the location. We will not allow any armed individuals to vote and we will tell them to leave immediately. We will immediately call the hotline. The only exception is certified law enforcement.

Individuals who want to influence voters for their party must remain 100 yards from the polls.

[keithbvadu2]

5. What is their purpose?

What are they watching?

What actions are they looking for?

What can they do if they see something amiss?

[Sparkly]

6. Exactly.

What do THEY think they're watching, looking for, or should do if they imagine something is amiss?

Like the "bois" who go into demonstrations with guns, they're expecting to defend Trump and fight for their cause, certain there is some role for them.

Intimidation is a tactic of vote suppression.

[TomSlick]

7. A poll watcher may challenge a voter

A poll watcher may challenge a voter on the grounds that the voter has already voted in the election or that the voter is ineligible to vote in the precinct by notifying a poll worker of the challenge at any point before the voter signs the Precinct Voter Registration list. At that point, the voter can vote by a provisional ballot which is placed in an envelope with the written objection of the poll worker.

If there is other chicanery going on, the poll watcher should notify the head poll worker (the election sheriff) and notify the candidate or party.

[keithbvadu2]

8. "on the grounds that..."

Do they need probable cause/ legitimate suspicion or can they just do it based on whatever whim strikes them such as ethnicity?

[TomSlick]

9. Poll workers are not state employees and therefore do not enjoy sovereign immunity.

Challenging voters without a legitimate basis would be an actionable tort and likely criminal.

My point was that Trump's people cannot just show-up and be poll watchers. There are laws.

[keithbvadu2]

10. Yes. Important details.

Surely they would have to document their 'legitimate basis'.

Can the opposite party's poll watchers be trained to be sure that the 'legitimate basis' is documented?

(I'm not playing the devil's advocate.)

It seems that the poll watchers could use some serious watching themselves.

[TomSlick]

11. The poll watcher's written and signed objection is placed in the envelope with the ballot.

There would be plenty of evidence whether there is a legitimate basis for the challenge.

[keithbvadu2]

12. "do not enjoy sovereign immunity."

Good enough!

Thanks.

[Jersey Devil]

15. The real purpose of poll watching is for GOTV

The poll watcher sits at the table with the poll workers and has a list of voters in the district. He crosses off the names of voters as they appear and vote and then gives his marked up list to someone from his political party who leaves with it so that party members can call those in that party on the list who have not yet voted and urge them to vote.

[SharonClark]

19. I've been a poll watcher for years and you

are correct. I’ve been in my precinct so long that the poll site manager used to ask me to vouch for new voters.

[sarcasmo]

13. Trump Vote Stoppers.