Chapter 11 – Possible Problems for Poll Watchers

2. Overcrowding

If the polling place becomes overcrowded with poll watchers, the election judges can dismiss some poll watchers, with restrictions:
• "A majority of the judges", no single judge can make that decision, all the judges must decide.
• The poll watchers are chosen "by lot". Not all poll watchers are dismissed, no particular poll watcher is singled out.
• "A reasonable number", not all poll watchers are asked to leave. The election judges decide on the number of poll watchers to leave before drawing lots.
• "Except that each established or new political party shall be permitted to have at least one pollwatcher present."

Watch for overuse of "overcrowding" as an excuse to dismiss poll watchers. Report every time you are dismissed by the election judges. Patterns of dismissals can be reported to the circuit court.

3. Threatening To Pull the Credentials of a Poll Watcher

No one — let me repeat that for those in the back — NO ONE can pull the credentials of a poll watcher, except the poll watcher's sponsoring organization.

Once a poll watcher has presented their credentials, only the election judges can remove a poll watcher from the polling place and only for overcrowding as noted above.

AND choosing poll watchers to leave by lot because of "overcrowding" still allows the poll watchers representing political parties to remain.

Election authorities cannot bar someone from being a poll watcher if a credentialed organization, in turn, credentials that individual. Election authorities cannot even know who the poll watchers will be. They cannot ask for a list of poll watchers.

The election authority credentials an organization, but the organization credentials the individual.

There is no mechanism to deny credentialing or deny the credentials of an organization which meets the criteria in 10 ILCS 5-17-23.

But... A Poll Watcher Can Be Escorted Out Of A Polling Place In Handcuffs

A poll watcher who plays the fool in the polling place or Central Counting Facility can be arrested for disorderly conduct.

Don't shout. There is nothing to shout about in a polling place or at the Central Counting Facility.

If you lose a challenge, suck it up. Don't argue. Write up a report. Submit it. Move on.

By the same token, you are not there to be shouted at. No one there is your boss. No one there is your wicked step-mother.

If someone starts shouting at you, stand up, find an election judge, say, "Challenge. Would an election judge ask this person not to be disruptive?"

What Will Get You Arrested

• Fighting.
• Threatening someone.
• Disturbing the peace.

What Should Not Get You Arrested

• Doing your job.
• Talking.
• Sitting where you are legally allowed to sit.
• Challenging a election authority.
• An election authority suddenly realizing that they have no power to remove you or pull your credentials.
• "Instructing" a voter. Unless you are electioneering and instructing a voter to vote for someone or something specific, there is no restriction on instruction.
  
  See:
  • Answering Questions
  • Talking To Voters
  • Restrictions On Speech

“A Lawful Order”

The election authority is restricted to giving "a lawful order".

The election authority cannot make up rules then threaten the poll watcher with arrest if the rules are false.

Understand clearly: having a poll watcher arrested will bring undue attention and repercussions from across the state. It is not a threat to be used lightly.

Election authorities who have a poll watcher arrested unlawfully will open themselves up to liability.

Election judges are particularly vulnerable to sanctions. As officers of the court, election judges who even witness the unlawful arrest of a poll watcher - and choose to do nothing - open themselves to contempt charges.

Bottom Line

Keep your nose clean.

Don't put yourself in a position where you become a test case for the courts.

If you become problem to public safety, you have got to go. That includes going in handcuffs.