Chapter 5 — In–Person, In–Precinct Voting
B. While the Polls Are Open
4. Election Code Statutes
Article 29 of the Election Code gives a list of violations of election law. Some you will see in the polling place; some you will not.
1. Vote Buying
No one is going to walk into a polling place with a wad of cash with an offer to buy a vote.
Then again, just because it unlikely to happen doesn't mean it won't happen.
2. Promise For Vote
This is another crime likely to happen away from the polling place. Be aware that it exists.
3. Selling of Vote
This may be something that people will joke about when they are in line, waiting to vote.
It's all fun and games until it becomes a Class 4 felony.
4. Prevention of Voting or Candidate Support
This you may see.
Anyone who tries to prevent someone voting or intimidates someone attempting to vote is immediately referred to an election judge to direct the police.
People outside of the 100 foot electioneering parmentier blocking people from entering the polling place.
You may also see someone blocking the path to the polling place in order to ask the voter how they are going to vote.
Refer it to an election judge in a challenge.
5. Voting More Than Once
"Weren't you in here this morning?"
There is a reason why poll watchers are chosen from their precinct.
6. Mutilation of Election Materials
No ballot is thrown away in the polling place. Even if it is mangled, spat on, or used to wrap used gum it is accounted for and packed up to be sent to the Central Counting Facility at the end of the day.
Rule of thumb: Anything a poll watcher is not allowed to touch is not thrown away.
7. Tampering With A Voting Machines
For anything other than a simple paper jam, make sure that the election judges call the county clerk or the local board of elections for assistance. Election judges are not there to fix voting machines.
Report it to your poll watching team. Keep your poll watching team informed of the outcome.
8. Ballot Box Stuffing
The voter returns the exact same number of ballots to the ballot box/tabulator as the election judge handed the voter.
- This is also why a poll watcher at the Central Counting Facility is concerned about:
- The vote count in the morning matches the vote count from the night before.
- Every ballot enters the central county facility in a sealed envelope or container.
9. Unlawful Observation Of Voting
Take observing voting seriously.
You and others.
This is why the poll watcher positions themselves far enough away from voting booths that the poll watcher cannot see how the ballot is being marked.
And why, if a poll watcher does have to go into the voting booth area (accompanied, of course, by two election judges; one from either party) that the poll watcher does their best to place themselves where the poll watcher cannot see ballots being marked.
Note that this not only prohibits someone other than the voter from observing a ballot being marked but also prohibits the voter making a their ballot available to be observed.
10. Perjury
Everyone makes mistakes. Anyone can get flummoxed answering questions in the excitement of voting day.
BUT, if the voter is claiming to be a 96 year-old, World War Two veteran and looks not a day over 35, the election judges may want further discussions.
11. Failure To Comply with Order of Election Authority
For the poll watcher, the key phrase here is "lawful order".
For example:
A poll watcher can be told not to discuss politics within the polling place.
That is a lawful order.
A poll watcher cannot be told that they must remain silent whenever they are in the polling place.
That is an unlawful order.
See: Talking
Another example:
An election judge decides the polling place is over crowded. Instead of drawing lots, the election judge orders an individual poll watcher to leave the polling place, but did not follow the procedure in
10 ILCS 5/17-23.
That is an unlawful order.
Sign out. Leave the polling room. Contact your poll watcher team and allow them to determine whether this is a lawful and an unlawful order. Your poll watcher team can assign you somewhere else.
12. Disregard of Election Code
Election judges and election officials don't get to make up rules as they go along.
... like, say, when a vote by mail ballot is surrendered at a polling place, writing "SURRENDERED" on the security envelope instead of writing "SPOILED" on the ballot as instructed in 10 ILCS 5/17-11.
OR, telling poll watchers that they cannot talk.
OR, telling poll watchers to sit in another room.
Shall I go on?
13. Attempt, Solicitation and Conspiracy
When two or more people act the fool.
15. Conviction Deemed Infamous
You're not going to see a lot of this in poll watching, but we can imagine the scene:
Poll watcher: "Challenge!"
Election judge: "Yes, what is it?"
Poll watcher: "Conviction deemed infamous."
16. Contempt — Removal From Office
Again, the poll watcher is not going to see this in the polling place. This happens after the polls close.
An election judge is an officer of the court.
This is the penalty for an election judge who does not follow the rules or gives an unlawful order.
A poll watcher may be asked to testify if they witnessed the inciting incident. This is why you are asked to document your challenges.
17. Deprivation of Constitutional Rights - Liability
Like, say,... just spitballing here,... the First Amendment, Freedom of Speech which allows poll watchers to speak in the polling place?
18. Conspiracy To Prevent Vote — Liability
This is why the poll watcher is asked to report every challenge.
19. False Information — Liability
Not strictly a concern of the poll watcher, but the imaginary 96 year-old veteran can sue the imaginary 35 year-old poser in the example above.