Professional Documents
Culture Documents
Chairman of the Virginia State Board of Elections Charlie Judd 1100 Bank Street, Richmond, VA 23219 Vice-Chairman of the Virginia State Board of Elections Kimberly Bowers 1100 Bank Street, Richmond, VA 23219 Virginia Attorney General Kenneth Cuccinelli, II 900 East Main Street Richmond, VA 23219 United States Attorney Neil MacBride 2100 Jamieson Ave Alexandria, VA 22314 United States Attorney Timothy J. Heaphy Post Office Box 1709 Roanoke, Virginia 24008-1709 Dear Sirs and Madam: We write to strongly request your immediate attention and action to remedy the poll watcher training activities of True the Vote in Virginia. The True the Votes Virginia training materials provide incorrect and misleading guidance about Virginia law and voting procedures. Virginia poll watchers that rely on the erroneous training in True the Votes poll watcher manual pose a grave risk of fostering an environment of confusion, hostility and intimidation. Worse, these ill-trained poll watchers could intentionally or inadvertently make it harder for Virginians to vote, especially new voters, voters of color, voters who need language assistance, and voters with physical disabilities. It is critical that you protect eligible Virginia voters from the potentially suppressive tactics of poll watchers relying on True the Votes Virginia Poll Watcher training manual. The errors are numerous and serious.
We urge you to have the counties remind the chief officers that under Virginia Code 24.2-604, the chief officers have the authority to remove persons, including poll watchers, who are disturbing, disrupting, or delaying the voting process. The document, True the Vote Virginia Observer Training, is attached. This document is presented as a Virginia specific manual, however large sections include misleading or inaccurate boilerplate language cut and paste from other True the Vote state manuals, including Colorado and Texas. Here are some of the statements from the training manual that are plainly wrong and highly misleading. The bulleted statements are taken directly from the training manual; the sub-bullet point provides the inaccuracy and our suggested response. Statement: Page 36 [Under Voting After the Poll is Closed]: If a vote is cast after the legal closing time, it should be cast as a provisional ballot and separated from those votes before the legal closing time. o Correction: Virginia law is clear: if a voter is in line at 7:00pm, even if the voter casts a ballot after 7:00pm, the voter casts a regular ballot, not a provisional ballot. In other words, everyone in line at the closing of polls in Virginia is entitled to vote with a regular ballot. Statement: Page 7 [Under Election Officials]: The chairman for the State Board of Elections is the Chief Election Officer for the state of Virginia. o Correction: The Chief Election Officer for the Commonwealth of Virginia is the Secretary of the State Board of Elections, Secretary Palmer. Statement: Page 23 [Under Voting Area]: [I]n the case of voters requiring assistance in a language other than English, a [party or candidate] representative with proficiency in that language may be asked to assist. o Correction: Virginia Code 24.2-604 was amended in the previous legislative session to prohibit an authorized representative [party or candidate] to provide assistance in any case permitted under 24.2-649. Virginia Code 24.2-604 states that, Authorized representatives shall not be allowed in any case to provide assistance to any voter as permitted under 24.2-649 or to wear any indication that they are authorized to assist voters either inside the polling place or within 40 feet of any entrance to the polling place. Statement: Page 23 [Under Voter Check-In]: Voter states name and current address and election officer repeat name and address. Officer asks voter to present acceptable form of ID: his Commonwealth of Virginia voter registration card, his social security card, his valid Virginia drivers license, his concealed handgun permit issued pursuant to 18.2-308, or any other identification card issued by a government agency of the Commonwealth, one of its political subdivisions, or the United States; any valid student identification card issued by any institution of higher education located in the Commonwealth of Virginia; any valid employee identification card containing a photograph of the voter and issued by an employer of the voter in the ordinary course of
the employers business; or a copy of a current utility bill statement, government check, or paycheck that shows the name and address of the voter. o Correction: The State Board of Elections acceptable voter identification chart shows that voters may also present a tribal enrollment or other tribal ID provided by one of the 11 tribes recognized in Virginia, a military ID, or an expired Virginia drivers license that is within 30 days of expiration. Statement: Page 32 [Under Challenging Voters or Absentee/Mail-In Ballots]: The Poll Lead or Assistant (usually together) can make a decision to uphold or overrule your challenge. Take careful notes of everything said during this process. Its also possible that the Poll Lead or Assistant may determine that a final decision on the challenge cannot be reached. In this case, they should allow the challenged voter to vote by provisional ballot only. o Correction: Pursuant to Virginia Code 24.2-651, any challenged voter who signs a statement under felony penalty attesting to their eligibility shall cast a regular ballot (i.e., shall be permitted to vote on the voting system in use at the precinct.) Statement: Page 33 [Under What to Watch For]: At the check-in area, watch to ensure that voters are presenting the ID required by your state law and that the Election Workers are checking the address on the ID against the address in the voter book/poll book/online record. o Correction: Nowhere in Virginia law does it say that a valid Virginia ID for voting purposes must have an address on it. Not all legal forms of ID under Virginia Code contain a current address. Furthermore, according to the SBEs What If guide, there are multiple instances where a voter may cast a regular ballot even if the address on their ID does not match the address in the poll book. For instance, the voters ID may contain a mailing address, not a physical address or the voter could have moved within the same precinct. Statement: Page 34 [Under What to Watch For (continued)]: Watch to ensure that the Election Workers are instructing each voter to sign the voter book or digitally sign their online record, as needed. The Election Worker should compare these signatures against the ID presented or against the voter book signatures on record, per your states practice. o Correction: There is no requirement under Virginia law for voters to sign the poll book or for election workers to compare signatures. Virginia law does not require that eligible IDs contain a signature. Your attention to this matter is all the more important because a prominent True the Vote official compared trained poll observers to police officers, which implies that poll watchers are charged with enforcing the law. The organizations National Elections Coordinator Bill Ouren told attendees at a True the Vote event that for any of you that have seen qualified, capable poll observers in action, its kind of like driving down the road and looking up in that rearview mirror and seeing that there is an officer of the law following you. Misinformed, wrongly trained poll watchers may be inclined to harass, intimidate, or interfere with a qualified voters
right to vote, all of which violates Virginia law, especially if voters are targeted for discriminatory reasons such as race, ethnicity, language ability, or gender. Clearly, reliance on the numerous errors in the True the Vote Virginia Observer Training manual disqualify anyone from claiming that they are a capable poll watcher. Ironically, in an interview with the National Rifle Association News, the President of True the Vote told an interviewer that if you find value in spending time trying to stop the corruption where it starts, which we argue is at the polls, then what you do is you end up truing [sic] the process all the way to the highest offices in the land and that "weve got to, I believe, take the reins back. The misstatements of law in True the Votes Virginia materials belie the stated goals of True the Vote. Concerns over voter intimidation, partisanship and interference with the right to vote have prompted Congressman Elijah Cummings, Ranking Member of the House Committee on Oversight and Government Reform, to open an investigation into True the Vote. He has requested documents relating to the True the Votes plans to deploy hundreds of thousands of personnel across the country on Election Day to challenge access to the polls for people you believe should not be allowed to vote. He explained that if True the Votes efforts are intentional, politically-motivated, and widespread across multiple states, they could amount to a criminal conspiracy. Virginia Code mandates that, It shall be unlawful for any authorized representative, voter, or any other person in the room to (i) hinder or delay a qualified voter; (ii) give, tender, or exhibit any ballot, ticket, or other campaign material to any person; (iii) solicit or in any manner attempt to influence any person in casting his vote; (iv) hinder or delay any officer of election; or (v) otherwise impede the orderly conduct of the election. - Virginia Code 24.2-604(D) We expect that you will enforce this and other voter protection laws to their fullest extent, particularly in the wake of these disturbing training materials that threaten to disenfranchise voters and make it harder for eligible Virginians to vote. We request that you do the following as soon as possible: Enforce Virginia law; Request that the State Board of Elections remind election judges how to handle poll watchers that are trained contrary to Virginia law, including the significant statutory authority under Virginia Code 24.2-604(D) and (E) to eject any poll watcher who seeks to carry out any action that is contrary to Virginia law;
Inform the Virginia Republican and Democrats that their monitors are to obey all laws or risk ejection from the polling location; and Request that True the Vote immediately correct their training materials and distribute corrective materials to all persons signed up to become poll watchers trained and/or mobilized by True the Vote.
These steps are critical to ensure a free, fair and accessible election in Virginia. We hope that you will take the necessary steps and begin this process as soon as possible.
Sincerely, The 2012 Virginia Election Protection Coalition Michael Lore Volunteer Coordinator Common Cause Virginia 1133 19th St., 9th floor Washington, DC 20036 mlore@commoncause.org Courtney Mills Staff Attorney Fair Elections Legal Network 1825 K Street NW, Suite 450 Washington, D.C. 20006 Tel: 202-331-0114 Fax: 202-331-1663 cmills@fairelectionsnetwork.com Tram Nguyen Associate Director Virginia New Majority Education Fund 6397 Little River Turnpike, Ste 300 Alexandria, VA 22312 tnguyen@virginianewmajority.org Anna Scholl Executive Director ProgressVA Education Fund PO Box 742 Earlysville, VA 22936 anna@progressva.org Katie OConnor Staff Attorney Advancement Project 1220 L Street NW Suite 850 Washington DC 20005 KOConnor@advancementproject.org
Virginia
Training
Ensure election integrity!
ObserVer
John Jones
A citizen initiative empowered by TRUE the VOTE
Virginia
Table Of Contents
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Table Of Contents
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Getting Started
getting started
Objectives
After completing this course, you will be able to: Understand the role of an Election Observer. Identify responsibilities of an Election Observer. Describe key events in polling place procedures. Recognize common causes of election irregularities. Perform the duties of an Election Observer.
Notes
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Introduction Chapter 1
Welcome
Welcome to the TRUE the VOTE Election Observer Training - thank you for stepping up to help ensure the integrity of our elections! TRUE the VOTE is an initiative developed by citizens for citizens to inspire and equip volunteers for involvement at every stage of our electoral process and to actively protect the rights of legitimate voters regardless of party affiliation .
24.2-604 The officers of election shall permit one authorized representative of each political party or independent candidate in a general or special election, or one authorized representative of each candidate in a primary election, to remain in the room in which the election is being conducted at all times.
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Introduction Chapter 1
In July 2012, the Voter Participation Center in Virginia has come under fire for allegedly mailing voter registration forms to the deceased, pets, children, and others ineligible to vote . The Romney campaign has asked the Attorney Generals office to investigate this further . http://www2.timesdispatch.com/news/virginia-politics/2012/jul/25/15/tdmain01-romneycamp-asks-va-to-probe-voter-forms-ar-2081517/
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Election Officials
The key individuals involved in elections are the Secretary of State (SoS), local Election Administrators, local Voter Registrars, and in some states, Election Boards . The SoS is the senior-most individual at the state level responsible for elections . Local Election Administrators have varied titles and conduct the actual election (voting) operations . Local Voter Registrars are responsible for the registering of voters and maintaining the integrity of the voter rolls . Election Boards, sometimes called Accountability Boards, oversee both registration and election operations . The chairman for the State Board of Elections is the Chief Election Officer for the state of Virginia. The Chairman--currently Charles Judd, as well as the two other board members, are appointed by the Governor. http://www.sbe.virginia.gov/cms/Index.html
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Poll Lead
The Poll Lead is the primary authority in the poll . This person directs, oversees, and is responsible for all election business in the poll . In some states, this individual has legal authority equivalent to that of a district judge . The Poll Lead is usually selected by a major party and is the primary representative for that party in the poll . This person must be a qualified, registered voter and may not be a candidate on the ballot or an elected public official . This person must attend training provided by the Election Administrator . This is a paid position . Chief Officer: appointed by electoral board, from one of the two parties who received the most votes in the most recent gubernatorial election. Eligibility Requirements: citizen of the Commonwealth, citizen of the precinct in which serving if at all possible. Training: requires training from the board of elections no less than 3 and no more than 30 days prior to an election. Paid: Election officer is a paid position, although officers may waive compensation and work as a volunteer. Volunteer Election Officials must posses the same qualifications as paid Election Officials.
24.2-115 Appointment, qualifications, and terms of officers of elections. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-115 24.2-116 Compensation of officers; volunteer officers. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-116
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Assistant Officer: appointed by electoral board, if possible from the opposite party as the chief officer. Eligibility Requirements: citizen of the Commonwealth, citizen of the precinct in which serving if at all possible. Training: requires training from the board of elections no less than 3 and no more than 30 days prior to an election. Paid: Election officer is a paid position, although officers may waive compensation and work as a volunteer. Volunteer Election Officials must posses the same qualifications as paid Election Officials.
24.2-115 Appointment, qualifications, and terms of officers of elections. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-115 24.2-116 Compensation of officers; volunteer officers. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-116
Election Workers
Election Workers are those individuals who, under the direction of the Poll Lead and Assistant Poll Lead, conduct the actual set up of the polls, the operation of the voting process, and the closing of the polls . These individuals may be selected by the major parties or by the Poll Lead and/or Assistant Poll Lead . Election Workers most often rotate between different tasks in conducting the election operations at the polls . The title of the Election Worker is defined in the state election code . This person is a qualified, registered voter . An Election Worker may not be a candidate on the ballot or an elected public official . This position holder must attend training provided by the Election Administrator . This is a paid position .
24.2-115 Appointment, qualifications, and terms of officers of elections. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-115 24.2-116 Compensation of officers; volunteer officers. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-116
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Election Observer
An Election Observer is typically appointed by a stakeholder on the current ballot . This stakeholder can be a political party with a candidate on the ballot, a candidate or group of candidates on the ballot, or a political group supporting or opposing a proposition, issue or amendment on the ballot . In some states, an Election Observer can be self-appointed and unaffiliated with any other entity . These individuals generally watch the election activities to ensure all activities are conducted in accordance with the law . Where violations of, or exceptions to, the election laws are observed, these individuals alert Election Officials where allowed and document the observations in order to provide a written record of all violations and exceptions . The specific title for Election Observer in your state is defined in your states election code . An Election Observer generally must be a qualified, registered voter . An Election Observer must not be an employee, or employer of, or related to, any of the paid Election Workers . This is a volunteer position . While a party or candidate may provide training, it is generally not a requirement to attend . Party/Candidate Representative: Appointed by candidate or party--1 per poll location. Qualifications: Qualified voter of any jurisdiction of the commonwealth, not a current candidate on the ballot for election.
24.2-604 Prohibited activities at polls; notice of prohibited area; electioneering; presence of representatives of parties or candidates; simulated elections; observers; news media; penalties. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-6042.pdf
Notes
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Poll Challengers
Depending on specific state election law, the Poll Challenger role may or may not exist . These individuals are typically appointed by candidates who are on the ballot, or organizations that support or oppose propositions included on the current ballot . They usually oversee the voter qualification and checkin process, providing an independent verification to ensure voting requirements are being met . The title of the Poll Challenger is defined in the state election code and is a qualified, registered voter . The Poll Challenger must not be an employee or, employer of, or related to, any of the paid Election Workers . Virginia does not have Poll Challengers.
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Poll Assignment
The procedures for appointing an Election Observer are generally set out in state election law . These laws will specify who can appoint an Election Observer, as well the requirements that must be met and standards that must be followed . An Election Observer is typically appointed by a stakeholder on the current ballot . This stakeholder can be a political party with a candidate on the ballot, a candidate or group of candidates on the ballot, or a political group supporting or opposing a proposition, issue or amendment on the ballot . Every Election Observer should be given a Certificate of Appointment by the stakeholder . This certificate is typically presented to the Poll Lead and is the manner in which an Election Observer gains access to serve in the poll location . In planning to serve as an Election Observer, it is critical to understand this process . TRUE the VOTE does not appoint Election Observers, we help connect stakeholders with trained TRUE the VOTE volunteers . Work through a candidate or a party to be assigned to a precinct. To enter the polls, a signed statement saying that they are authorized to represent the party with the city or county chairmans or candidates signature or a photocopy of such a document will be required.
24.2-604. Prohibited activities at polls; notice of prohibited area; electioneering; presence of representatives of parties or candidates; simulated elections; observers; news media; penalties. Each representative shall present to the officers of election a written statement designating him to be a representative of the party or candidate and signed by the county or city chairman of his political party, the independent candidate, or the primary candidate, as appropriate. Such statement, bearing the chairmans or candidates original signature, may be photocopied, and such photocopy shall be as valid as if the copy had been signed. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-604
Training Requirements
Training is usually required for Election Workers . Poll Leads and Assistant Poll Leads are typically trained in state election law, local poll procedures, and in the operation of voting equipment . Election Clerks are usually trained in local poll procedures, in the operation of voting equipment, and possibly in election law . The training for Election Workers is generally conducted by the staff of the Election Administrator . Training for Election Observers is typically not required . Secretary of State offices may or may not provide self-taught training materials . Election Observers may or may not receive training from those who appoint them to serve . TRUE the VOTE conducts this training course for all Election Observers associated with TRUE the VOTE . It is important for Election Observers to fully understand the election law, local poll procedures, and the operation of voting equipment, in order to identify any deviations observed during their service at the poll . No state training is required for representatives of candidates/parties.
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Commitment
Be committed to your assignment . You are part of a TRUE the VOTE trained team in the polls, so please be prepared for your service and plan to serve the entire day if possible . If for some reason you find you cannot serve, notify your Team Captain immediately so a replacement can be found to keep the TRUE the VOTE team intact . The role of a Poll Observer is extremely important, as you are documenting the activities in the poll and ensuring that all election laws and procedures are being followed. Please do not accept this position unless you are fully committed to performing these duties. Please make sure your have cleared your schedule and made arrangements for child care, appointments or other things that could impact your commitment to serve at the polls. Remember, others are counting on you - advise your Team Captain as soon as possible if an emergency arises, causing you not to be able to fulfill your commitment.
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24.2-621. Delivery of packages to officers; opening packages. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-621 24.2-624 Opening and closing ballot containers; opening polls http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-624 24.2-639 Duties of officers of election. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-639 24.2-638 Voting equipment to be in plain view; officers and others not permitted to see actual voting; unlocking counter compartment of equipment, etc. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-638
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Arrival at Poll
Plan to arrive at the poll location at least one hour prior to the opening of the poll to voters . Upon arrival, introduce yourself to the Poll Lead and provide identification, including a Certificate of Appointment when required . Ask the Poll Lead what their policy is on cell phones and follow that policy while in the poll . Ask the Poll Lead where you should stand or sit . Remember that the election law allows the Election Observer to be able to see all voting activities . From where you are placed, you should be able to observe the voter check-in qualification process including the use of a poll book or electronic voter roll . If you are prevented from viewing all aspects of the voting process or prevented from serving at all, you should show the Poll Lead the legal reference on your Election Observer Quick Reference Guide . If the Poll Lead continues to not let you serve, ask them to document the reason for denying your service on the back of your Appointment Certificate, then step outside the poll, but within the non-electioneering zone, and call your Team Captain to report that your service has been refused . Do not leave the poll or step outside the non-electioneering zone . Follow the instructions from your Team Captain . Judges are to arrive by 5:15 to begin set up, so arrival by or before that time would be best to completely observe opening procedures. Credentials are presented to the judges upon time of arrival. The use of cell phones is permitted if they do not contain a camera or other recording device, but may be prohibited by the chief officer if they are being used in violation of another part of the law. Authorized representatives shall be allowed to be close enough to the central election table to see and hear what is occurring, but not close enough to interfere with the process. Appeal to the local Election Board or the candidate/party you are working through if not accepted.
24.2-639 Duties of officers of election. The officers of election of each precinct at which voting or counting equipment is used shall meet at the polling place by 5:15 a.m. on the day of the election Each representative, who is not himself a candidate or party chairman, shall present to the officers of election a written statement designating him to be a representative of the party or candidate and signed by the county or city chairman of his political party, the independent candidate, or the primary candidate, as appropriate http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-639 24.2-604 Prohibited activities at polls; notice of prohibited area; electioneering; presence of representatives of parties or candidates; simulated elections; observers; news media; penalties. Authorized representatives shall be allowed, whether in a regular polling place or central absentee voter precinct, to use a handheld wireless communications device, except that authorized representatives shall not be allowed to use such devices when they contain a camera or other imaging device to film or photograph inside a polling place or central absentee voter precinct. The officers of election may prohibit the use of cellular telephones or other handheld wireless communications devices if such use will result in a violation of subsection A or D or 24.2-607 Authorized representatives shall be allowed, whether in a regular polling place or central absentee voter precinct, to be close enough to the voter check-in table to be able to hear and see what is occurring; however, such observation shall not violate the secret vote provision of Article II, Section 3 of the Constitution of Virginia or otherwise interfere with the orderly process of the election. Any representative who complains to the chief officer of election that he is unable to hear or see the process may accept the chief officers decision or, if dissatisfied, he may immediately appeal the decision to the local electoral board. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-604 http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-639 24.2-604
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24.2-604. Prohibited activities at polls; notice of prohibited area; electioneering; presence of representatives of parties or candidates; simulated elections; observers; news media; penalties. Authorized representatives shall not be allowed in any case to provide assistance to any voter as permitted under 24.2-649 or to wear any indication that they are authorized to assist voters either inside the polling place or within 40 feet of any entrance to the polling place. It shall be unlawful for any authorized representative, voter, or any other person in the room to (i) hinder or delay a qualified voter; (ii) give, tender, or exhibit any ballot, ticket, or other campaign material to any person; (iii) solicit or in any manner attempt to influence any person in casting his vote; (iv) hinder or delay any officer of election; (v) be in a position to see the marked ballot of any other voter; or (vi) otherwise impede the orderly conduct of the election. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-604 24.2-639. Duties of officers of election. The officers shall conduct their examination in the presence of the following party and candidate representatives: one authorized representative of each political party or independent candidate in a general or special election, or one authorized representative of each candidate in a primary election, if such representatives are available. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-639 24-2-655.
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Infractions
If an Election Observer should witness an infraction of the election law, the Observer should immediately notify the Poll Lead, as the intent is to prevent an illegal action from occurring . Document all aspects of the event witnessed, including the actions taken by the Poll Lead . If the Poll Lead does not immediately resolve the problem and stop or prevent the violation from occurring, tell the Poll Lead that you have a duty to report the event if it is not resolved . If the Poll Lead still does not immediately correct the situation, exit the polling location, but stay within the non-electioneering zone and contact your Team Captain via the hotline telephone number . Report the situation to the Team Captain then return quickly to the poll to continue observing and documenting election activities . If you observe an infraction, report it to the Chief Officer. If not resolved, report to your command center or directly to county Election Officials if an immediate resolution is required. Otherwise, note details on an Incident Report.
Notes
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Conflict Resolution
In a conflict or confrontational situation, remember to follow these guidelines: Do not talk to whomever is causing the problem, unless it is the Poll Lead; doing so places you at risk of being removed from the poll! Do not engage in or return the confrontation. Remain professional and courteous. Calmly walk to the Poll Lead, and inform them of the situation, ask them to resolve it. Document the situation. If the confrontation continues, repeat your request. If the Poll Lead does not immediately handle the situation and stop the confrontation, contact your Team Captain . It is a good idea to contact your Team Captain about confrontational events in case you are witnessing or experiencing a situation that may occur in other locations . Your Team Captain will take care of any further notifications needed . Remember that your goal is observe and document, and do nothing that causes you to be removed from the poll . PROFESSIONAL CONDUCT & CONFLICT RESOLUTION: *Remember your PRIMARY MISSION is observation and documentation, *Be professional in speech and body language, *Tone of voice says more than words chosen, *Avoid being dismissed as disruptive, *Know your reference materials, highlight important items, *Ask Presiding Judge to deal with hostile persons, *In dealing with errors by Presiding Judge or other Election Workers, politely point out correct action from reference materials, -If not corrected, document and call hotline.
ill see you at the polls!
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Sec. 61.010. WEARING NAME TAG OR BADGE IN POLLING PLACE (a) Except as provided by Subsection (b), a person may not wear a badge, insignia, emblem, or other similar communicative device relating to a candidate, measure, or political party appearing on the ballot, or to the conduct of the election, in the polling place or within 100 feet of any outside door through which a voter may enter the building in which the polling place is located. (b) An election judge, an election clerk, a state or federal election Inspector, a certified peace officer, or a special peace officer appointed for the polling place by the presiding judge shall wear while on duty in the area described by Subsection (a) a tag or official badge that indicates the persons name and title or position.
Opening Evaluation
Note the set up of poll at opening . Include whether all required notices are properly posted and all proper areas, such as the non-electioneering zone are correctly marked . Determine the location of all documents used in the voting process and that they are readily available . Make a special note of anything you cannot locate, or that is not being used, and bring this to the attention of the Poll Lead .
Election paperwork includes the pollbook & voter check sheets or electronic pollbook, printed ballots in counties that use them, provisional ballots and envelopes for them, change of address form, voter registration forms.
24.2-611 Form and signing of pollbooks; records of persons voting; electronic pollbooks. The poll book shall (i) provide a space for the officer of election to record the name and consecutive number of the voter at the time he offers to vote and (ii) be retained in accordance with the provisions governing Pollbooks in this title. The State Board shall make available a numerical check sheet required to be used with Pollbooks in printed form to determine the consecutive number to be recorded with the name of the voter by the officer of election. In electronic Pollbooks, the consecutive number shall be entered automatically when the officer of election records that the voter has voted. 24.2-640. Ballots generally. In every county and city using mechanical or direct electronic voting systems requiring printed ballots, the electoral board shall furnish a sufficient number of ballots printed on plain white
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Equipment Usage
Note that all provided voting equipment is present and being used . There is typically an inventory sheet or report of all voting equipment delivered to the polling location . Notify the Poll Lead and your Team Captain immediately if any item is missing or not being used . It is likely that the poll cannot be opened unless all equipment is present and being properly used . Note the location of the seals that must be used on the equipment at closing . Document this location for use later in the day . Judges are to arrive by 5:15 to begin set up. Voting equipment is set up at least four feet from where any election officer is seated, but voting and counting equipment must remain in plain view of the officers of election. The keys for the election are delivered and then the counters for each machine are assured to register zero, but machines are locked for voting until the polls are officially declared open. Equipment may vary by polling location.
24.2-639 Duties of officers of election. The officers of election of each precinct at which voting or counting equipment is used shall meet at the polling place by 5:15 a.m. on the day of the election The keys to the equipment and any electronic activation devices that are required for the operation of electronic voting equipment shall be delivered, prior to the opening of the polls, to the officer of election designated by the electoral board in a sealed envelope on which has been written or printed the name of the precinct for which it is intended. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-639 24.2-638. Voting equipment to be in plain view; officers and others not permitted to see actual voting; unlocking counter compartment of equipment, etc. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-638
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Opening Procedures
Confirm that all electronic voting machines have a zero count (a paper printout that confirms no votes have been cast) before the polls open and that all paper ballot collect boxes are empty . Document this verification . The representative is allowed to observe the securing of election equipment and opening procedures .
24.2-639 Duties of officers of election. Before opening the polls, each officer shall examine the equipment and see that no vote has been cast and that the counters register zero. The officers shall conduct their examination in the presence of the following party and candidate representatives: one authorized representative of each political party or independent candidate in a general or special election, or one authorized representative of each candidate in a primary election, if such representatives are available http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-639
Poll Layout
Draw a schematic of the poll and number or reference specific voting machines and locations inside the poll, using abbreviations that you can easily identify in your notes . This is an example of a poll layout
REQUIRED SIGNAGE
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EO
CLERK
ENTRANCE
VOTING BOOTH 1
VOTER BOOK
CLERK
VOTING BOOTH 2
VOTING BOOTH 3
EO APS
CLERK
CLERK
VOTING BOOTH 1
POLL LIST
PS
CONTROLLER
CONTROLL
JUDGES BOOTH
CLERK
JUDGES BOOTH
ER
VOTING BOOTH 2
VOTING BOOTH 3
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Note Taking
Throughout the day take notes on all polling place activities not just exceptions or law violations . Include your name, poll location, date, time of activity and a brief description of events . Make sure that your notes are adequate for you to be able to describe the events completely at a later date . Document the facts and nothing but the facts . Do not use opinions . Keep your notes with you at all times . If your election law requires your notes to be kept inside the poll while the poll is open, hand your notes to a trusted member of your team should you need to leave the poll area . Things to watch for during the opening of the poll: All security seals were intact prior to poll opening All ballots boxes were empty ( if using paper ballots) All voting machines, ballots, and ballot boxes are accounted for and within your line of sight All ballot counts are zero, as generally indicated by the initial zero count printed report
Observe and document all activities, include your name, poll location info, date, time of activity, brief notes. State observation in factual manner, DO NOT INCLUDE OPINION.
Notes
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Voting Area
Once the poll opens, only personnel directly involved in the voting process may be present inside the polls . This includes Election Workers, Election Observers, voters, interpreters provided by the Election Administrator, minor children accompanying a voter, persons admitted to provide assistance to the voter, State and Federal Election Inspectors, Peace Officers appointed by the Election Administrator or the Poll Lead, and the Election Administrator and staff . Document the personnel present for extended periods of time during the day . Election officers, candidate and party representatives, voters and their children aged 15 or younger, representatives of the news media--for a reasonable and limited time, voter designated translators or assistants, high school students serving as election pages if determined by local electoral boards. In most cases, the poll observer can only speak to election officers, only to report an infraction. However, in the case of voters requiring assistance in a language other than English, a representative with proficiency in that language may be asked to assist.
24.2-643. Qualified voter permitted to vote; procedures at polling place; voter identification. A voter may be accompanied into the voting booth by his child age 15 or younger. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-643 24.2-604.
Voter Check-In
The Election Observer is entitled to and should observe the voter check-in process . The voter should present their qualified ID and the Election Clerk should verify that the voters ID is acceptable . The Election Clerk repeats the voters name, looks up the voters name in the poll book or voter list, asks the voter for their current address, checks that the address agrees with the name and address in the poll book or voter list, marks that the voter has checked-in, and asks the voter to sign the voter book . Voter states name and current address and election officer repeats name and address. Officer asks voter to present acceptable form of ID: his Commonwealth of Virginia voter registration card, his social security card, his valid Virginia drivers license, his concealed handgun permit issued pursuant to 18.2308, or any other identification card issued by a government agency of the Commonwealth, one of its political subdivisions, or the United States; any valid student identification card issued by any institution of higher education located in the Commonwealth of Virginia; any valid employee identification card containing a photograph of the voter and issued by an employer of the voter in the ordinary course of the employers business; or a copy of a current utility bill, bank statement, government check, or paycheck that shows the name and address of the voter. If no change of address form is needed and no objections are made, the voter shall be handed a ballot by one officer and admitted to a voting booth by another officer, and the voters name is marked in the poll book and a voter count is added.
24.2-643. Qualified voter permitted to vote; procedures at polling place; voter identification. An officer of election shall ask the voter for his full name and current residence address and repeat, in a voice audible to party and candidate representatives present, the full name and address stated by the voter.
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http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-643
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Paper Ballots
If paper ballots are used, be sure that they are visible and within the control of the Election Workers at all times until given to the voter . Paper ballots are usually packed in a clear shrink-wrap . Only one package of paper ballots should be opened at a time . The voter should be given their choice of paper ballots, as permitted in the state election law . The issuance of the paper ballot should be recorded and the voter should take the ballot to the ballot box to mark it in private . Be sure each voter is only getting one ballot . If the voter makes a mistake, the Election Worker should void and record the ballot, placed it in a spoiledballot envelope, and issue a second ballot . There is a maximum number of replacement ballots that can be issued . Once the voter completes the ballot, the voter should insert the ballot into the locked ballot box or ballot reader . The locked ballot box should not be opened by anyone at any time unless the paper ballots are counted at the poll location once the polls are closed . If your state law allows for the ballot box to be opened prior to the close of the polls for any reason, such as a paper jam, or if the box becomes too full to accept ballots, make sure that any ballots that are not put back into the ballot box are secured according to state election procedures and are not left unattended or unsecure . The voter takes the paper ballot, enters the booth, and clearly marks the line they wish to choose, leaving the other line blank. For the presidential election, a box is marked. If the ballot is accidentally defaced, it can be returned to the officer and exchanged for a new ballot, and the old is marked spoiled and put in a spoiled ballot envelope. In Virginia a voter is allowed a maximum of 2 replacement paper ballots.
24.2-644. Voting by paper ballot; voting for presidential electors; write-in votes. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-644 24.2-645. Defaced paper ballots. If any paper ballot is unintentionally or accidentally defaced and rendered unfit for voting, the voter may deliver the defaced ballot to the officer of election and receive another. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-645 24.2-646. Voter folds paper ballot and hands same to officer who deposits it unopened in ballot container. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-646
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Electronic Ballots
If electronic voting ballots are used, upon check-in the voter will be given a code on a slip of paper or a card that they will use to access their electronic ballot . Each voter should be given only one code . After marking their ballot, the voter must complete the voting process by pressing the cast ballot button . If it appears the process has not been completed and the ballot is not cast, immediately notify the Poll Lead . It is illegal in most states for an Election Worker to cast a final ballot for a voter; watch to ensure that no Election Worker presses the cast ballot button for any voter who has left the voting booth without pressing the button to cast their vote for themselves . If a voter leaves before casting their ballot, Election Workers should try to find the voter before they leave the area and ask them to come back to the voting booth and press the cast ballot button . If the voter has left the area, the Election Workers should cancel the ballot, according to state procedure . When electronic or mechanical ballots are used, sample ballots are provided as a diagram outside the device
24.2-641. Sample ballot. The electoral board shall provide for each precinct in which mechanical voting machines or direct electronic voting devices are used, two sample ballots, which shall be arranged as a diagram of the front of the voting device as it will appear with the official ballot for voting on Election Day. http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+24.2-641+701788
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Provisional Ballots
A provisional ballot is a special ballot that is used when the eligibility of the voter is in question . Only the Poll Lead should make the decision to have a voter vote using a provisional ballot . The provisional ballot form has a Provisional Affidavit that is completed by the Poll Lead and signed by the voter, stating the reason the provisional ballot is necessary . The Election Observer should observe this process and ensure that the proper reason is stated on the provisional ballot . All paperwork associated with a provisional ballot (including an electronic voting slip if used) should be sealed in the provisional ballot envelope . If a paper ballot is used as the provisional ballot, the ballot number is recorded on the provisional ballot envelope and the provisional paper ballot in sealed in the provisional ballot envelope . Under no circumstances is a paper provisional ballot put into the ballot box . Regardless of the reason for its use, a provisional ballot is subject to further review and may or may not be counted . An individual is given a provisional ballot and a green envelope on which to fill out identifying information. The voter fills out the ballot, seals the envelope, and hands it to an election officer, who places it in a ballot container. The election officer hands the voter a written notice with instructions on how the ballot will be handled by the board of elections.
24.2-653. Voter whose name does not appear on poll book or who is marked as having voted; handling of provisional ballots; ballots cast after normal close of polls due to court order extending polling hours. Such person shall be given a paper ballot and provide, subject to the penalties for making false statements pursuant to 24.2-1016, on a green envelope supplied by the State Board, the identifying information required on the envelope, including his social security number, if any, full name including the maiden or any other prior legal name, date of birth, complete address, and signature. The officers of election shall note on the green envelope whether or not the voter has presented one of the specified forms of identification. The officers of election shall enter the appropriate information for the person in the precinct provisional ballots log in accordance with the instructions of the State Board but shall not enter a consecutive number for the voter on the poll book nor otherwise mark his name as having voted. The officers of election shall provide an application for registration to the person offering to vote in the manner provided in this section. The voter shall then, in the presence of an officer of election, but in a secret manner, mark the ballot as provided in 24.2-644 and seal it in the green envelope. The envelope containing the ballot shall then be placed in the ballot container by an officer of election. An officer of election, by a written notice given to the voter, shall (i) inform him that a determination of his right to vote shall be made by the electoral board, (ii) advise the voter of the beginning time and place for the boards meeting and of the voters right to be present at that meeting, and (iii) inform a voter voting provisionally when required by 24.2-643 that he may submit a copy of one of the forms of identification specified in subsection B of 24.2-643 to the electoral board by facsimile, electronic mail, in-person submission, or timely United States Postal Service or commercial mail delivery, to be received by the electoral board no later than noon on the third day after the election. At the meeting, the voter may request an extension of the determination of the provisional vote to the following day in order to provide information to prove that the voter is entitled to vote in the precinct pursuant to 24.2-401. The electoral board shall have the authority to grant such extensions which it deems reasonable to determine the status of a provisional vote. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-653
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Absentee/Mail-In Ballots
Absentee and mail-in ballots both refer to ballots that are cast at a location other than a designated polling place . These terms are often used interchangeably, so for clarity, we will reference both terms . Typically, a voter mails in a request to the Election Administrator to receive a ballot; the Election Administrator then sends a ballot to the voter, who completes the ballot and returns it by US Mail . States sometimes have provisions that allow for absentee ballots to be emailed, faxed, or delivered in person . In some states, voters can be added to a permanent absentee/mail-in voter list, resulting in their ballots being routinely mailed to them without need of a request . Not all polling places are authorized to handle absentee/mail-in ballots . Generally, a absentee/mail-in ballot is brought to a poll is when a voter who has received a mail-in ballot decides instead to vote at a polling place . If your state allows polls to accept absentee/mail-in ballots, then the general process to address the situation is as follows: the Election Worker must call the Election Administrator to report the absentee/mail-in ballot, then cancel the absentee/mail-in ballot, according to state procedure, before the voter can vote in person . Election Observers should ensure this process is followed to prevent a voter from voting twice . In some states, the absentee/mail-in ballots are brought to the poll and included in the counting of the ballots once the poll is closed . Be sure to know what is and is not permitted in your state . Voters can present absentee/mail-in ballots at poll locations. Returned absentee/mail-in ballots are placed in the Cancelled Ballots by Mail envelope.
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Curbside Voting
State election law provides for curbside voting, to assist voters who cannot physically enter the poll to vote in person . Poll set up procedures should consider curbside voting and if possible arrange for a vehicle with a curbside voter to park within the non-electioneering zone . Two Election Workers, one from each major party should obtain the curbside voters ID, check-in the voter inside the poll, then take a ballot or portable election machine to the curbside voter, and allow the voter to vote in private; though the ballot or voting machine should never leave the sight of the two Election Workers . Once the voter has marked the ballot, the ballot or electronic voting machine should be taken back inside the poll for the vote to be recorded or placed in the ballot box . If there are multiple curbside voters, each should complete this process individually before the next voter begins . An Election Observer is permitted and should observe the entire process . A voter aged 65 or older or with physical disability may request a ballot be taken outside the voting area but within 150 feet of an entrance to the polling place. The officer hands the ballot to the voter who marks it secretly and then folds and hands it back to the officer, who then deposits it in the ballot box. If available, a portable electronic device may be brought to the voter in place of a paper ballot.
24.2-649. Assistance for certain voters. Any voter age 65 or older or physically disabled may request and then shall be handed a paper ballot or a mark sense ballot by an officer of election outside the polling place but within 150 feet of the entrance to the polling place. The voter shall mark the paper ballot in the officers presence but in a secret manner and fold and return the ballot to the officer. The officer shall immediately return to the polling place and deposit the ballot in the ballot container in accordance with 24.2-646. The voter shall mark the mark sense ballot in the officers presence but in a secret manner and cover and return the ballot to the officer who shall immediately return to the polling place and deposit the ballot in the ballot counter in accordance with the instructions of the State Board. Any county or city that has acquired an electronic voting device that is so constructed as to be easily portable may use the voting device in lieu of a paper or mark sense ballot for the voter requiring assistance pursuant to this subsection. However, the electronic voting device may be used in lieu of a paper ballot only so long as: (i) the voting device remains in the plain view of two officers of election representing two political parties or, in a primary election, two officers of election representing the party conducting the primary, provided that if the use of two officers for this purpose would result in too few officers remaining in the polling place to meet legal requirements, the equipment shall remain in plain view of one officer who shall be either the chief officer or the assistant chief officer; and (ii) the voter casts his ballot in a secret manner unless the voter requests assistance pursuant to this section. After the voter has completed voting his ballot, the officer or officers shall immediately return the voting device to its assigned location inside the polling place. The machine number, the time that the machine was removed and the time that it was returned, the number on the machines public counter before the machine was removed and the number on the same counter when it was returned, and the name or names of the officer or officers who accompanied the machine shall be recorded on the statement of results http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-649
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24.2-604. Prohibited activities at polls; notice of prohibited area; electioneering; presence of representatives of parties or candidates; simulated elections; observers; news media; penalties. . http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+24.2-604+702477
Electioneering
Most states have a clearly stated buffer zone, or non-electioneering zone, around the polling place to prevent electioneering during the voting day . Within this buffer zone, no one is allowed to campaign for candidates or issues or otherwise interrupt voters going into or coming out of the polling place . Unless theyre actually there to vote at that location, no candidate is allowed to be inside the buffer zone for any reason throughout the day . Within the buffer zone, voters are supposed to be able to walk freely to and from the entrance to the polling place . Some states do allow exit pollsters to stop voters on their way out to conduct exit polling research . But, while they may be allowed inside the buffer zone by state law, they cannot interfere with the voting process or become an annoyance to voters . Many states prohibit sound trucks or other sound amplifier equipment to send messages that can be heard inside the polling place . Distance requirements are generally specified in state law and typically extend well beyond the buffer zone . Remember, you are not responsible for enforcing the buffer zone, but you do have the right to inform the Poll Lead or Assistant if others are violating this space . Within the polling place or within 40 feet of an entrance to the polling place: hinder or delay a qualified voter; give, tender, or exhibit any ballot, ticket, or other campaign material to any person; solicit or in any manner attempt to influence any person in casting his vote; hinder or delay any officer of election; be in a position to see the marked ballot of any other voter; or otherwise impede the orderly conduct of the election. However, a non-candidate voter entering the polls for the sole purpose of voting shall not be prohibited from wearing a shirt, hat, or other apparel or from having a button with a candidates name or slogan attached to their clothing.
24.2-604. Prohibited activities at polls; notice of prohibited area; electioneering; presence of representatives of parties or candidates; simulated elections; observers; news media; penalties. http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+24.2-604+702498
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24.2-651 Voter who is challenged; how challenge tried. Any qualified voter may, and the officers of election shall, challenge the vote of any person who is listed on the poll book but is known or suspected not to be a qualified voter. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-65
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Taking Breaks
Its important for you to see and hear everything that goes on throughout the voting process . Therefore, you should minimize your time away from the voting area . If you have to leave the voting area for any extended period of time, ask permission to see the total number of votes cast in that location to that point . Write that number down . Do a quick calculation to determine the average number of voters per hour who have passed through the polling place to that point . When you return, check the count again . If the total number of votes recorded is significantly higher than expected ask the Poll Lead what happened while you were out . Record the incident in your notes . If the Poll Lead tells you that you may not take your notes with you if you leave the polling place, give your notes to another volunteer Election Observer for safekeeping and retrieve your notes as soon as you return . The Poll Lead has the authority to require you to keep your notes inside the polling place, but they do NOT have the authority to order you to leave your notes with them . Remember, safeguarding your notes is also safeguarding the interests of the stakeholder who appointed you . Safeguarding your notes is also safeguarding the interests of the stakeholder who appointed you . A representative may serve part of the day and be replaced by successive representatives.
24.2-604. Prohibited activities at polls; notice of prohibited area; electioneering; presence of representatives of parties or candidates; simulated elections; observers; news media; penalties. A representative may serve part of the day and be replaced by successive representatives. http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+24.2-604+702667
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Closing Procedures
Closing the poll is one of the most important electoral processes . Deviations from legally defined procedures can result in challenges to the legality of the election . Although it may be late in a long day, its critical that you remain diligent during this phase . Per state election law, the Poll Lead has the primary responsibility for closing the poll at the appointed closing time . They may assign some duties to other Election Workers, but they have the ultimate responsibility . You should carefully observe how the Poll Lead and Assistant handle the closing of the poll . It is very important that they follow proper procedures . Note any deviations from correct procedures and treat these deviations in the same way you treated errors or violations throughout the voting day . As part of your observations during the closing of the poll, you should pay close attention to the instructions given to voters who arrive after the poll is closed, the Poll Leads completion of any required paperwork, and most importantly, how the ballots are handled, including counting and securing them for transportation . At 6:45 p.m. an officer of election shall announce that the polls will close in fifteen minutes. The officers of election shall list the names of all qualified voters in line before the polling place at 7:00 p.m. and permit those voters and no others to vote after 7:00 p.m. Candidate/party representatives may watch the poll closing activities.
24.2-603. Hours polls to be open; closing the polls. http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+24.2-603+70269124.2-655. Representatives of political parties and candidates to be present on request. Such representatives shall be entitled to be present while the votes are counted and shall remain until the returns are completed. http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+24.2-655+702829
Notes
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24.2-668. Pollbooks, statements of results, and ballots to be sealed and delivered to clerk or general registrar. After ascertaining the results and before adjourning, the officers shall put the Pollbooks, the duplicate statements of results, and any printed inspection and return sheets in the envelopes provided by the State Board. The officers shall seal the envelopes and direct them to the clerk of the circuit court for the county or city. The Pollbooks, statements, and sheets thus sealed and directed, the sealed counted ballots envelope or container, and the unused, defaced, spoiled and set aside ballots properly accounted for, packaged and sealed, shall be conveyed by one of the officers to be determined by lot, if they cannot otherwise agree, to the clerk of court by noon on the day following the election. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-668
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Counting Ballots
After the last legal voter has voted, the closing process can begin . The process will differ according to whether or not the individual ballots are to be counted on site at the polling place . Regardless, no one should handle, or even be near, any of the voting equipment until the Poll Lead and Assistant are ready to begin counting . If your poll location uses paper ballots that are to be counted manually, there are specific instructions on exactly how these ballots are to be counted and registered on forms provided by the local voting authority . There are also specific instructions on how the Election Workers are to handle ballots where the voters intent is not perfectly clear . In most states, the problem ballots are reviewed by the Poll Lead, the Assistant Poll Lead and the next highest ranking Election Workers (from at least two different parties) . This group will closely review the ballot and then vote on the voters intent . In poll locations where paper ballots are counted by a scanning machine, there are specific instructions on how the ballots are to be fed into the machine and how the total counts per candidate or issue are viewed and recorded . If the machine cannot determine a particular voters intent, the same process described above is usually followed . In some states with poll locations using electronic voting machines, the votes are counted at the polling place and reported to the local voting authority . There are specific instructions on how to read the votes in each machine and how to record them on the paperwork provided for this purpose . In many states with electronic voting machines the ballots are not counted at the polling place . Instead, the Election Workers reconcile the number of ballots recorded on the machines against the total number of voters who signed the voter book . The same process used for paper ballots also applies to absentee/mail-in ballots . In every state where ballots are counted at the polling place and at which the media and other outsiders are allowed to witness the counting, there are set procedures by which the Poll Lead announces results to those in attendance .
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24.2-668. Pollbooks, statements of results, and ballots to be sealed and delivered to clerk or general registrar. The Pollbooks, statements, and sheets thus sealed and directed, the sealed counted ballots envelope or container, and the unused, defaced, spoiled and set aside ballots properly accounted for, packaged and sealed, shall be conveyed by one of the officers to be determined by lot, if they cannot otherwise agree, to the clerk of court by noon on the day following the election. h http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-668
Notes
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One of the judges returns equipment keys, ballots, and paperwork to the county clerks office. This is determined by lottery if no other means. No specifics are given about breakdown and return of equipment.
24.2-668. Pollbooks, statements of results, and ballots to be sealed and delivered to clerk or general registrar. The Pollbooks, statements, and sheets thus sealed and directed, the sealed counted ballots envelope or container, and the unused, defaced, spoiled and set aside ballots properly accounted for, packaged and sealed, shall be conveyed by one of the officers to be determined by lot, if they cannot otherwise agree, to the clerk of court by noon on the day following the election. http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+24.2-668+501398
Incident Reports
As soon as possible, after the close of the polls and completion of all follow up work, you should review the notes youve taken all day . Identify any and all serious or repeated breaches of election law in your state . Transfer the specifics of these incidents to an Incident Report to be filed with the candidate or organization that appointed you and with your local election integrity organization . TRUE the VOTE will provide Incident Reports at the Final Briefing . If you do not have Incident Reports, summarize each incident in a logical and factual written report . If your state has forms for reporting election law violations, use those forms and submit your report to the state as well .
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Closing Checklist
As an Election Observer, you will observe the closing of the polls . Understanding what should be happening will help you recognize when procedures are not being followed . A complete closing checklist is provided for you in your Quick Reference Guide, but here are a few questions you will need to address: - Did the Poll Lead follow proper procedure for identifying and accepting the last voter in line at the mandated poll closing time? - After the last voter left the polling place did the Poll Lead follow proper procedure for shutting down the voting equipment or safeguarding the ballot boxes? - Did the Poll Lead dismiss anyone in attendance who was not legally allowed to be present during the closing of the polls? - Were ballots recorded according to correct procedure? - Were provisional ballots correctly separated from regular ballots? - If absentee/mail-in ballots were received, were they packaged in the correct containers? - If votes were being counted on site, did the Poll Lead follow proper procedure in admitting spectators to enter the polling place and view the vote count? - Did the Poll Lead and Assistant Supervisor properly complete all required paperwork? - Did they correctly reconcile the total number of voters signed in with the total number of cast ballots? - After counting, were all ballots properly stored and secured as required by your states election code? - Was all voting equipment and documentation properly sealed and transported to the location designated by your local Election Authority? Your observation and accurate documentation of these procedures help to ensure that reports from your polling place will be reliable .
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Wrap Up Chapter 8
Notes
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Wrap Up Chapter 8
Online Assessment
Please complete the online assessment at end of this presentation. Once completed, your local election integrity organization will contact you with instructions for your next step in volunteering at the polls. Congratulations!
Thank You for Participating in the TrUe the VOTe election Observer Training
You are now on your way to making a great contribution to the protection of our electoral process!
Thanks!
Helpful Links
TRUE the VOTE: www.truethevote.org
http://legis.state.va.us/ Virginia Election Code http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC2402000 (Title 24.2) Virginia Board of Election http://www.sbe.virginia.gov/cms/Index.html
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TrUeTHeVOTe.Org
John Jones
A citizen initiative empowered by TRUE the VOTE