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What You Need to Know About Election Observers in California

vebrankovic · October 30, 2020 ·

By: Josh Turiel

For over a century, election observers, also called poll watchers, have been keeping a vigilant eye on Americans as they cast their ballots. These volunteers observe election processes, particularly in-person voting and absentee ballot counting, to detect fraud and other irregularities. Although often affiliated with impartial civic-minded organizations or government election entities, the two major political parties also routinely employ election observers. Partisan observers were thrust into the spotlight when President Trump rallied his supporters, during a September 2020 nationally televised debate, to descend on polling places to monitor the election. Donald Trump, Jr. used social media to draft an “Army for Trump’s election security operation.” Meanwhile, Joe Biden has recruited over 10,000 volunteer election observers. This year’s hyper-partisanship has stoked fears that inexperienced election observers will sow conflict and chaos at the polls. 

California counties establish their own policies for election observers (those who plan to observe a polling place should seek guidance from local election officials), but state law sets firm boundaries that provide voters with safe, unencumbered access to the voting booth (federal law is not discussed in this post). Most notably, it is a felony to use violence or coercion to intimidate or compel any person to vote, to not vote, or to vote for a particular candidate or ballot measure. This prohibition extends to hiring or arranging for someone else to engage in such behavior. Violators face up to three years imprisonment. 

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No Free Speech Within 100 Feet: North Dakota Supreme Court Upholds State Electioneering Law

Election Law Society · November 8, 2016 ·

What is wrong with advocating for or against the adoption of a new ballot measure outside of a polling station on Election Day? For one, it may be against the law.

In North Dakota, such a law found itself as the subject of litigation that went all the way to the North Dakota Supreme Court. The case, State v. Francis, involved a challenge to North Dakota Century Code § 16.1-10-06.2, an electioneering law that criminalizes gathering signatures within 100 feet of an open polling place on election day. In July 2016, the North Dakota Supreme Court upheld the law after applying established U.S. Supreme Court precedent in its own analysis of the North Dakota electioneering statute.

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Weekly Wrap Up

Election Law Society · March 26, 2010 ·

Every week, State of Elections brings you the latest news in state election law.

– ACORN, the controversial voter registration and activist group, is disbanding because of declining revenue.

– In the Arkansas Senate race, there’s some controversy over an obscure state law that prevents the use of professional or honorary titles on ballots.  One Republican Senate candidate had hoped to put the title “Colonel” in front of his name on the ballot, but was refused by election officials.  Nicknames, however, are perfectly legal.  Just ask Harold Kimbrell, who will appear on the ballot as “Porky” Kimbrell.

–  During last week’s election law Symposium at William & Mary, the panelists mentioned that census data can be skewed when large numbers of incarcerated felons are counted as “residents” of the state they are incarcerated in.  Here a few editorials discussing that practice.

– More news on the California Redistricting Commission.  Even though over 25,000 people filed the initial application to be on the Commission, less than 1,200 have completed the second step of the application process.  For more general information on the Commission, see this post.

– Minnesota Governor Tim Pawlenty has signed a law that should make absentee voting easier in that state.  The law will require election officials to send a replacement ballot, or notify the voter that he should cast a new ballot, if an absentee voter’s ballot is rejected.

– After much debate, the Florida Senate has passed an electioneering bill.  An alternate version of the bill was ruled unconstitutional for requiring all organizations to register with the state and comply with financial reporting requirements if they even mentioned a candidate or political issue.  The new version of the bill would still require certain organizations to register, but not those that focused only on issues.

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