What happens if and when you are challenged?

[Waverley_Hills_Hiker]

The Dayton Daily News reports the step by step process

http://www.daytondailynews.com/localnews/content/localnews/daily/1023votingbox.html

What will happen if my right to vote is challenged?

1. The challenger will have to state why your right to vote is being challenged. The four reasons they can challenge are that they believe you are either not 18 or older, not a U.S. citizen, not a Ohio resident for the past 30 days or not a resident of the county and precinct in which you are trying to vote.

2. One of the poll workers and you will move no less than 10 feet from the challenger.

3. You will be asked to take this oath: "Do you swear or affirm that you will fully and truly answer all of the following questions put to you, touching your place of residence and your qualifications as an elector at this election?"

3. You will be asked a series of questions about one of the four areas in which you are being challenged.

4. If you refuse to answer fully all questions or are unable to answer them fully, or your answers indicate you are too young, not a resident or a citizen, you will not be able to vote.

5. If you answer the questions to the satisfaction of the poll worker, you will be given a ballot and will be allowed to vote.

What if you want to appeal? The decisions of the poll workers are final.

What if the challenger appears to be attempting to cause delays or intimidate voters? The chief poll worker, the presiding judge, can expel them from the polling place.

[murielm99]

1. What about provisional ballots?

Are they allowed to cast a provisional ballot if they are old enough, a citizen, and perhaps, in the wrong place? What if they registered in good faith, and something happened to their registration? Shouldn't they be allowed to cast provisional ballots under those circumstances?

Kerry better get his team of lawyers on the ground in Ohio pronto!

[Philostopher]

3. I don't know where this one stands.

The circuit court in Toledo found against Blackwell on this one, but somebody posted something about the DOJ (although what jurisdiction Crisco Johnny has over this I'm uncertain) had announced that Blackwell was within his rights to refuse provisional ballots.

Anybody know if anything has come up since? I'm curious, too -- I don't honestly believe this will be an issue that involves a significant number of voters, but if even one person is prevented from voting by illegal means (edited for clarity), I'll be hot.

[AngryOldDem]

5. How does HAVA come in to play?

From the Ohio Voters' Bill of Rights, which was distributed in literature drops to most Montgomery County precincts (verbatim from flyer):

"If your name is not on the list of registered voters or you are a first time voter who registered by mail and you do not have identification and you did not include a copy of your identification with your application YOU HAVE THE RIGHT TO VOTE. ASK FOR A PROVISIONAL BALLOT."

The cite for this is the Help America Vote Act of 2002, Pub.L. 107-252 302(a).


Challenging provisional ballots will be the method du jour on Nov. 2. And with the number of newly registered voters -- probably mostly Democrat -- there are probably more chances of this happening than you want to think.

[Philostopher]

6. But wouldn't a new registrant likely have the right address

on the registration? This particular judgment was only on provisional ballots for those voting in the wrong precinct, I thought -- those whose verifiable addresses weren't in the precinct in which they tried to vote. Other kinds of issues, like not being on the register at the precinct but having an address within the precinct, would be a different story. Maybe I'm wrong -- I thought the question/ruling only applied to those who were registered, but trying to vote in the wrong precinct.

I don't know how this old statute Blackwell dug up is affected by HAVA. I don't think it's relevant -- if I'm right about the provisional ballots he doesn't want to hand out. I didn't think it was all provisional ballots, only that limited circumstance. On edit -- in other words, not new voters, and people who probably aren't covered by HAVA.

Perfectly willing to admit I'm not up on it -- that was my reading of that particular issue.

[AngryOldDem]

8. Not up in it, either

>>This particular judgment was only on provisional ballots for those voting in the wrong precinct, I thought>>

That was my impression, too. I could see a case of someone being told to go to the wrong precinct, and then be denied his right to vote. That would be a quick way to handle these pesky new voters.

[Kukesa]

7. They're already on the ground in Ohio.

Rooms full of them -- learning and then teaching lay people.

We've got this particular item covered.

[cade]

2. lets just say it would be messy

and after examining hundreds of pieces of evidence the jury would undoubtedly lock me up for quite awhile afterwards. I have a well developed sense of revenge.

[bluestateguy]

4. This law must be repealed

I cannot put into words the anger I feel at the prospect of some starch-shirted Republican goon bullying people away from voting. As a white male, it's unlikely to happen to me, but if it did, or if I witnessed it taking place at the polls, let's just say I would do everything in my power to defend--by force if necessary--democracy.

[bones_7672]

9. Local paper addresses poll watchers and challengers

Our local paper, the News-Herald, in Lake County (east of Cleveland) has the "job description" of poll watchers / challengers. The challengers actually do not speak to the voters, if there is a challenge, the challenger must speak to the polling judge. Very interesting article.

Check it out:
http://www.news-herald.com/site/news.cfm?newsid=13208599&BRD=1698&PAG=461&dept_id=21849&rfi=6

[newyawker99]

11. Hi bones_7672!!

Welcome to DU!! :toast:

[obietiger]

10. What can we do to challenge the challenger?

Won't happen with me - I voted absentee - but I worry about my granddaughter. She has voted before so everything is in order but she is only 20 (and even younger looking). I can not go with her on election day so printed off your list (thanks) She would not be afraid to challenge the challenger - can she ask for photo id, address, etc. How about if she takes a camera for a picture! :)

[bones_7672]

12. The problem is ...

... all challengers will be certified by the county board of elections, so even tho they are not part of the county board of elections they are athorized by the board.

[obietiger]

13. can we not ask them anything?

like to see their id or papers that they are certified?

[goddess40]

14. What to do if a poll challenger hassles you or someone else

Call your local Dem headquarters, get the number ahead of time or
Call 1-866-OUR-VOTE (1-866-687-8683) -It's a non-partisan hotline

M. Moore gave this number out when I went to see him in Stevens Point, WI.
Enter both numbers into you cell phone, so they're ready to go if you need them. If you don't have a cell phone make sure you have the numbers as a fellow Dem will help you make the call. Write in on your wrist if you have to.

Also if the (REAL)poll worker says you aren't eligible ask for a provisional ballot(states vary in WI and OH you have to be in the correct polling place to vote on a provisional ballot).

Have your local Dem office phone number too. I'd call them first as they are ready for this to happen. They're local and they have lawyers on standby.


PLEASE don't get in a fight at the polls (not even in the parking lot), it will scare voters away and it could shut down the polls while the problem is dealt with - either way the republicans win. Their goal is to interfere with people's right to vote. If we let the people trained to deal with it handle it we can keep things moving at the polls.
Per poster mtnester (thank you for the info)
WATCHER - if you are through Election Protection, like I am, you are there to help anyone that is denied the right to vote, you are NON-PARTISAN. WATCHERS MAY NOT CHALLENGE ANY VOTERS!!!! But they can contact attorneys if they feel that voters are being deliberately disenfranchised for a possible injunction to cease and desist, including if the harassers are CHALLENGERS or POLL WORKERS

CHALLENGER - registered partisan, there to challenge voters based on specific criteria. Must be registered with the local BOE, and their challenges must be dealt with by poll workers or the local election supervisor.

MONITORS - similar to watchers

"Will people ever be wise enough to refuse