What Poll Watchers Can and Can’t Do on Election Day | Talk

TO Molly J. Cohen And Jeffrey D. Shigley

When most people think about their experience voting in person, they might think of other voters at the polls or the hard-working election workers checking people in and helping people cast their ballots. But in many elections, a third group is often present: poll watchers.

Election observers are ordinary citizens who volunteer to observe elections on behalf of an organization. Many of them do this on behalf of a specific political party. Other volunteers are nonpartisan poll watchers; they monitor activities at the polls on behalf of nonpartisan organizations, including local groups and international election observers such as Carter Center or Organization for Security and Cooperation in Europe.

The United States has historically not relied heavily on international election observers, and it prohibited in some statesfor example, Tennessee. Most often, when journalists and scientists like us When we mean US poll watchers, we mean partisan election watchers.

If all goes well on Election Day, the job of poll watchers will become tedious. They will simply watch as voters perform the key acts of democracy: going to the polls, interacting with poll workers, and voting. Outside poll watchers will also likely watch the ballots being tabulated and will receive an official copy of the results if they decide to conduct a simultaneous vote count.

What do poll watchers do?

Election observers protect the interests of their organization at polling stations. By watching as ballots are cast and counted, poll watchers can help ensure that only eligible voters participate and that there is no overt election fraud, such as stuffing ballot boxes with unauthorized ballots.

As observers independent of the government officials they supervise, poll watchers can add an additional layer of transparency and accountability to election processes and help ensure elections take place. free and fair.

Poll watchers, like this one in Detroit in 2020, monitor every aspect of voting and tabulation. AP Photo/David Goldman

However, poll watchers can also undermine the integrity of elections. For example, election observers may overzealously—and illegally—challenge a citizen’s right to vote without reason. Or their presence could intimidate or pressure voters.

For example, in the 1980s. Republican Party in New Jersey hired uniformed police officers to monitor polling stations and posted posters offering rewards for information about people violating election laws. Litigation over these activities resulted in a nationwide court order prohibiting the Republican National Committee from using poll watchers without permission from a federal judge. The order was filmed in 2018.

Historical records show that since the early 1800s, poll watchers from both parties have frequently contested the right to participate in elections. African Americans And likely immigrantswhich often leads to their exclusion from voter lists. In such cases, poll watchers can undermine the basic democratic principle of free voter participation.

It’s also important to remember that many poll watchers are partisans—they work on behalf of their political parties. In fact, in recent years main goal of the Republican Party Recruits and places poll watchers. Our research shows that in the current era of polarized partisan politics in the United States, the mere presence of party officials at the polls can undermine voter confidence in elections.

What are the rules?

While the history and partisan nature of election monitoring may raise concerns about voter intimidation, a number of federal and state laws protect voters on Election Day.

Poll observers are subject to federal laws protecting voters from intimidation and interference. Many states also have additional rules governing what election observers can do while observing an election.

For example, some states require formal training. State of Georgiafor example, requires that all party election observers full training provided by their political party. Observers in OhioOn the other hand, they must be registered voters, but are not required to undergo formal training.

Another important difference between states is whether they allow poll watchers to interact directly with voters. In some states, such as Georgia, election observers may not talk to voters. In other places, like Ohio, poll watchers can talk to voters, but I can’t threaten voters for choosing one candidate or inducing people to vote for another.

Poll workers like these in New York in 2020 often make sure poll watchers can see what’s going on. AP Photo/John Minchillo

Challenging Voter Rights

The last major difference between state rules regarding poll watchers is whether they can challenge a voter’s eligibility to vote. Integrity issues can arise when a poll watcher has reasonable grounds to believe that a voter is not eligible to vote in the district in which he is voting. For example, poll watchers in Pennsylvania are allowed maintain a list of eligible voters and can file a complaint if they believe someone not on that list is attempting to vote.

Poll watchers who act in bad faith may issue a challenge based on little or no evidence, with the intention of distracting poll workers, demoralizing voters, and slowing down voting, rather than ensuring that the rules are correctly followed.

Election observers typically raise problems at the polling place directly with election officials, who are local volunteers and staff. Voters whose eligibility is in dispute may have to cast a provisional ballot and provide additional proof of their identity and residence to election officials, either on Election Day or in a later legal proceeding. It is important to note that many states have strict regulations aimed at protect voters from arbitrary challenges their competence. Challengers in FloridaFor example, they must submit a formal written oath attesting to the accuracy of their challenge, and are subject to prosecution if the challenge is found to be “frivolous.”

If a poll watcher suspects something is wrong at a polling place while voters are casting ballots or tallying ballots, they can raise concerns with local election officials or other election officials, such as local election officials. They may also pass information through the political party they represent.

Many problems are easy to resolve and election officials respond immediately. More complex issues – or allegations that have been reported to party leaders by many poll watchers in different places – could eventually lead to legal challenges in the courts.

Molly J. Cohen is an assistant professor of political science at Purdue University. Jeffrey D. Shigley is an assistant professor in the Department of Political Science at the University of Georgia.