Is it legal to watch poll ops and closings? (a state-by-state list)

cross-posted@dkos [diary refers to dkos]

Clamnyc’s diary reflected the view of many in our community about the questions we have concerning our elections…and the fact that many of them are unanswered.

Fortunately, the answers are out there if you know where to look.

One excellent source is Verified Voting.

Dave Dill’s organization has recently issued a press release explaining on a state-by-state basis what kind of poll monitoring is enabled (or prohibited) by law.  It is published in full with permission on the flip.

You can also check Dave out on YouTube.
Author’s note – One topic — that we are addressing currently and upon which we will be posting our next diary

— is whether videotaping during observation is authorized.  Please stay tuned.

e pluribus unum,

Teammember Tan

Who can observe elections?

by Pamela Smith, Nationwide Coordinator, Verified Voting Foundation

October 16th, 2006

WHO CAN OBSERVE – A partial list

How easy – or hard – is it to observe how elections work in your state or county? Wondering who may enter the polling place during the general election?

Here are some interesting facts:

California makes no restrictions. Interested citizens may observe.

Arizona, Delaware and Washington allow watchers who are selected by a political party.

Arkansas, Florida, Georgia and Vermont allow watchers selected by a political party, and by candidates or groups of candidates.

Colorado allows watchers selected by a political party and by candidates or groups of candidates. The watcher must take an oath. Colorado also allows party candidates and party officers to be in the polling place (while not voting).

Hawaii allows watchers selected by a political party, only if the watcher is a registered voter of Hawaii. Candidates’ relatives are prohibited from being watchers. Source: http://www.hawaii.gov/…

Illinois allows watchers selected by a political party, by candidates, and watchers selected by other organizations (civic organizations, organized proponents and opponents of a specific ballot measure). Candidates and party officers may also watch (if they have credentials, as required for other watchers). Source: http://www.willclrk.com/…

Iowa allows watchers selected by a political party and by candidates or groups of candidates, and watchers selected by other organizations. Iowa also allows children and adults engaged in educational programs.

Kentucky allows watchers selected by a political party, only if the watcher is a registered voter not just of Kentucky, but also of the county where s/he observes. Kentucky also allows children and adults engaged in educational programs.

Louisiana allows watchers selected by a candidate or group of candidates, but only if that watcher is a registered voter in Louisiana.

Maine allows watchers selected by a political party and by candidates or groups of candidates, and watchers selected by other organizations. Maine also allows party officers to be in the polling place (while not voting), and all other persons not engaged in political activities.

Michigan allows watchers selected by a political party or by other organization(s), but only if that watcher is a registered voter in Michigan.

Minnesota allows watchers selected by a political party, but only if that watcher is a registered voter in Minnesota. Minnesota also allows children and adults engaged in educational programs, and representatives of the news media.

Missouri allows watchers selected by a political party, only if the watcher is a registered voter not just of Missouri, but also of the county where s/he observes. Missouri also allows children and adults engaged in educational programs, representatives of the news media, and international election observers.

Montana allows watchers selected by a political party or by a candidate or group of candidates. Montana also allows watchers selected by “any group having an interest in the election.” Source: http://data.opi.state.mt.us/…

Nevada allows watchers who are not engaged in political activities, but expressly prohibits representatives of the news media.

New Hampshire allows watchers selected by a political party, and watchers selected by the state.

New Jersey allows watchers selected by a political party and by candidates or groups of candidates, and also allows children and adults engaged in educational programs.

New Mexico allows watchers selected by a political party and by candidates or a group of candidates, only if the watcher is a registered voter not just of New Mexico, but also of the county where s/he observes.

North Carolina allows watchers selected by a political party and by candidates or a group of candidates, only if the watcher is a registered voter not just of North Carolina, but also of the county where s/he observes. North Carolina prohibits requiring observers to take any oath.

Ohio allows watchers selected by a political party and by candidates or a group of candidates, only if the watcher is a registered voter in Ohio. The watcher must take an oath.

Oregon allows watchers selected by a political party and by candidates or a group of candidates, and watchers selected by the state. Oregon also allows children and adults engaged in educational programs.

Pennsylvania allows watchers selected by a political party and by candidates or a group of candidates, only if the watcher is a registered voter not just of Pennsylvania, but also of the county where s/he observes.

Tennessee allows watchers selected by a political party and by candidates or a group of candidates, as well as representatives of the news media.

Texas allows watchers selected by a political party and by candidates, as well as by proponents or opponents of a particular measure on the ballot and party officers, only if the watcher is a registered voter not just of Texas, but also of the county where s/he observes. Texas prohibits candidates who are not in the process of voting, as well as elected public officials, and anyone related to the election officials. Source: http://www.sos.state.tx.us/…

Vermont (see #3 above). Note that challengers are permitted only outside guardrail six feet from voting booths and ballot boxes.

Virginia allows watchers selected by a political party and by candidates or a group of candidates, only if the watcher is a registered voter not just of Virginia, but also of the county where s/he observes. Party candidates not in the process of voting are prohibited. Virginia also allows children and adults engaged in educational programs and representatives of the news media. Virginia’s code also allows local electoral boards to authorize “neutral observers.”

Washington (see #2 above).

West Virginia expressly prohibits all other persons not engaged in political activities.

Wisconsin prohibits party candidates not in the process of voting; and allows all other persons not engaged in political activities.

Is your state missing from this list?

That’s part of the reason we put together the state and local versions of the Election Transparency Scorecard. We want to know more details about who can observe and by what rules, in all 50 states. You can help us: sign up today for the Transparency Project, and complete a scorecard for your state or county!

Much of the information in this document was sourced from a survey done by the election law center at Ohio State University – for details, see: http://moritzlaw.osu.edu/…

Additional sources are noted where applicable.

Author: STOP Votergate

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