Chapter 11 — Possible Problems for Poll Watchers
B. Talking
Can you talk?
Yes.
Should you talk? Uh, depends...
Some local election officials and election judges believe that pollwatchers should not be permitted to talk.
The State of Illinois does not place restrictions on speaking in the polling place beyond that of electioneering, which is a standard to which everyone in the polling place is held.
The reason you are a pollwatcher and are most valuable at your own precinct, is that you know your neighbors. That means that you will be greeted by your neighbors. Some may want to talk. Use library rules and keep your voice low and conversation short in order to not disturb those around you.
A simple, "I‘m sorry, I can‘t talk, now," should be enough.
If someone needs to talk to you, guide them gently out of the room. Usually there is a hallway or foyer where you are free to talk. You are still prohibited from discussing politics while in the polling place. If you want to talk politics, leave the polling place. Move outside, 100 feet from the polling place.
You do not give up your Free Speech rights by becoming a poll watcher. BUT here is where rights and responsibilities meet. You have the right to speak, but you also have the responsibility not to disturb voters or the election judges while they are doing their work.
Answering Questions
A pollwatcher can answer questions — but don‘t.
Allow the election judges to answer voter questions. That is their job. Even if you know the answer, refer the question to the election judge.
"I‘m sorry, I am a poll watcher, not an election judge. The election judge should be able to answer that for you."
- Answer questions which are simple and don't directly have to do with voting. Such as:
- Where is the washroom?
- What time is it?
- Where do I get my "I VOTED" sticker?
Talking To Voters
- There are times when a poll watcher needs to talk to a voter, usually when the voter need more information, such as:
- When a potential voter has the wrong identification or not enough identification to register to vote.
- When a voter is in the wrong polling place and would like to know their correct polling place.
Also see: Attempting to Vote at the Wrong Polling Place.
This often happens when the voter has leaving the polling place disgruntled. They have already spoken to the election judge and they are not satisfied with the answer. The election judge is probably not wrong, but did not have time for a full explanation.
Talk to the voter outside of the polling room. There is usually a hall or vestibule off the polling room. Keep your voice low, so that it does not carry into the polling room and disturb voters and election judges. Keep in mind that the rules about electioneering are still in place.
If they attempt to talk politics, lead them 100 feet outside the polling place, past the electioneering markers.
Always Identify Yourself As A Poll Watcher
Always, always, always and I can't say this enough: always, begin any conversation with a voter by identifying yourself as a poll watcher. "Hello. I am a poll watcher, not an election judge..."
There is nothing in the Illinois statutes that says you must identify yourself as a poll watcher, but it is a good practice.
Suddenly Chatty
Beware of someone who is suddenly chatty. Especially if they stand in front of you and block your view.
Stand up. Look around them. See if there is something that they do not want you to see.
A polite, “I‘m sorry. I can‘t talk now. I‘m working,” should send them on their way.
Restrictions On Speech
Many of the current poll watcher guides caution poll workers not to speak, not to instruct, or not to answer questions. While this guide recommends that voter's questions regarding voting practices be referred to an election judge, we do not go as far as to say a poll watcher cannot answer questions.
Poll watchers can talk, can answer questions, and can instruct. As long as the poll watcher does not "interfere with the orderly conduct of the election" there are no speech restrictions on poll watcher except for electioneering which everyone in the polling place is subject to.
The electioneering statute is a double-edged sword for local governments who would place restrictions on poll watcher's speech. The statute also forbids local government from placing additional speech restrictions within the polling place, claiming that as the exclusive power and function of the state.