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A Poll Watchers Tale |
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Posted on 11/02/2002 4:50:19 PM PST by Flyer
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A Poll Watchers Tale |
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My story of my experience training for, and working as a poll watcher applies specifically to Texas. This is my first time working an election of any sort, in any capacity. Those of you experienced in these matters may find some mistakes on my part, and those of you unfamiliar may find it eye opening.
I was appointed as a Poll Watcher by the John Cornyn campaign after attending a training session Tuesday, October 29. The session was organized by David Hagy, as part of his work with the Harris County campaign for John Cornyn. Our teachers were attorneys Andy Taylor and Amanda Peterson.
The class lasted about two hours and was very well presented and included comprehensive printed material to study and guide us through any vote challenges.
There were 25 - 30 trainees in this class. Another class was held the day before, and another one today, Saturday, November 2. Our class seemed to be intelligent and articulate, and grasped the material presented and asked many good questions.
I couldn't make a commitment to a possibly 14 - 16 hour shift on election day, so I chose to work early voting, where a poll watcher can work the hours of their choice.
Thursday afternoon, October 31, I went to the early voting location at the Palm Center, 5300 Griggs. The neighborhood population is primarily Black and records would probably indicate it votes heavily Democrat.
When I introduced myself to the Election Judge and presented my Appointment Certificate she looked at me with surprise and said "A poll watcher?!?", like she had just been insulted. She looked at my certificate and said out loud "Hmmm. . . from the John Cornyn campaign". The clerks near her heard that and gave me glaring looks. The whispers went around that a poll watcher was there and I sensed a lot of hostility.
In Texas, one of a poll watchers primary functions is to assure that those that vote are legally qualified to vote. I took a position near the clerks accepting voters and began my observations. My attention was soon drawn to the other clerks.
Three other clerks were walking among the voting stations, stopping at many of them to assist the voters. There are very narrow legal boundaries as to who can receive assistance with the ballot.
§ 64.031. Eligibility for Assistance
A voter is eligible to receive assistance in marking the ballot, as provided by this subchapter, if the voter cannot prepare the ballot because of:
(1) a physical disability that renders the voter unable to write or see; or
(2) an inability to read the language in which the ballot is written.
And there are clear rules on who can provide the assistance.
§ 64.032. Persons Providing Assistance(a) Except as provided by Subsection (c), on a voter's request for assistance in marking the ballot, two election officers shall provide the assistance.
(b) If a voter is assisted by election officers in the general election for state and county officers, each officer must be aligned with a different political party unless there are not two or more election officers serving the polling place who are aligned with different parties.
(c) On the voter's request, the voter may be assisted by any person selected by the voter other than the voter's employer, an agent of the voter's employer, or an officer or agent of a labor union to which the voter belongs.
(d) If assistance is provided by a person of the voter's choice, an election officer shall enter the person's name and address on the poll list beside the voter's name.
During my training we were told to be a little understanding, as we are using the E-Slate system for the first time and many voters may have questions.
I brought this 'wandering assistance' to the attention of the election judge and she instructed her clerks to tell voters to ask for help if they needed it. Raised hands and calls for help abounded. I then reminded the judge that there should be two clerks at a station when assistance was needed. She replied that that was only the case "if two are available". The election code clearly states "two election officers shall provide the assistance", and makes no provisions for availability of officers. I was unsure on this at that time so I didn't dispute her.
As a poll watcher if I wish to challenge a voters eligibility to vote I must do it before the voter enters the voting booth. That is where my job ends. Except, as I was taught and the law seems to support, if a voter accepts unlawful assistance. One of my teachers, Andy Taylor, made a special point to cover this.
I began to observe the clerks assisting the voters. I was being very careful and allowed broad leeway in the help being provided. If I issue a challenge at this point the voters ballot will not be counted. It is not a responsibility to take lightly.
I found a violation I was ready to challenge. A clerk was watching over a woman's shoulder and as she turned the selector knob he would tell her "Hit enter". She would turn it more and he repeated "Hit enter". They were going through the entire ballot like this.
I approached the election judge and told her I was issuing a challenge for unlawful assistance, and I pointed out the booth with the clerk and voter. She didn't immediately respond and I turned my attention back to the voting booth, hoping to get this done before the voter left the building. Now the election judge is on the phone, in a frantic voice telling someone what was going on and that she didn't know what to do.
I asked to speak with the person on the phone and got his name as David Berg. He is an attorney, but I'm not sure what capacity he was working in. He told me I could only challenge the eligibility of a voter and the election judge did not have to accept this challenge.
I was just neutered. My training conflicted with what just occurred, the election judge was not going to accept these challenges and it was getting late in the day so I left the polling place, dazed and confused. Almost every voter at this location was being assisted illegally and there was apparently nothing I could do.
Friday I called David Hagy and told my story to him. Later that day I called one of my instructors, Amanda Peterson. She referred me the the Texas Secretary of State election hotline. The attorney I spoke with indicated I could not challenge unlawful assistance. The best I could do was to make notes of the offense and file a complaint with the district attorney.
I feel quite certain I was right in what I did and the training Andy Taylor gave me was correct. I am led to believe this because of this section of the election code:
§ 64.037. Unauthorized Assistance Voids BallotIf assistance is provided to a voter who is not eligible for assistance, the voter's ballot may not be counted.
If I can't issue a challenge on unlawful assistance how will we ever know which ballot won't be counted?
I hope to get this resolved before Tuesday. Although I won't be working as a poll watcher that day, I want to get the correct information out to other poll watchers across Texas.
Friday afternoon I worked as poll watcher at a different location, the Fiesta store at 8130 Kirby. Wow, what a difference. Although this election judge seemed insulted at having a poll watcher at her location, too, we maintained a good relationship. The clerks were fast and efficient and I saw only a few minor slips and the judge corrected her clerks. A few voters could not be verified to be eligible and the judge turned them away, and I have no doubt that this would have been the same even if I was not there. The crew running this polling place deserve kudos for a great operation.
I'm afraid yer absolutely dead on! Just performing our civic duty of voting is no longer enough. The Rats are determined to, by whatever means, to win elections and the voter shenanigans must be stopped. If we don't stop 'em, we've only ourselves to blame.
The question in my mind is this: WHY is winning so important to Dims? Why are they willing to destroy the very foundations of our electoral process to win? Power mad Marxists? Stalin wannabes? These people are sick, sick, sick!!!
The cancer needs to be exorcised; God save us from these socialist fools!
FGS
This is the first time we will use the E-Slate in a regular election. That is new. Democrat voter fraud is old and getting older. I worked as a poll watcher. That is new. We had early voting to be follwed by regular voting this Tuesday. That is old.
Any other questions?
No, no cameras or audio recorders. If I understand correctly, even the media is not supposed to record anything in the polling place.
Nope. There is a very strict limit on who can be assisted. See the next post for more info.
I have heard from Andy Taylor, the attorney that trained me as a poll watcher. I followed my training in the challenge I attempted Thursday. Here is what Mr. Taylor had to say on the matter. . .
You've put your finger on an area of controversy. I am telling everyone to use the challenge procedure if a voter gets illegal assistance. For example, a precinct judge goes up to a voter not entitled to assistance (not blind or illiterate) and says, "Here's how to vote for Tony Sanchez..." That ballot CANNOT be counted. The problem with the code is that there is no specified procedure for documenting the challenge. So I train everyone to go ahead and use the preprinted SOS form that challenges a voter's eligibility to vote. Now, strictly speaking, that form is directed to a voter who for some reason can't vote (like not registered). And, in the illegal assistance hypothetical, the voter may be legally entitled to vote, but the illegal assistance renders that voter's ballot illegal. So you can make the argument that the challenge form I gave you isn't the right form or the right format to raise this objection. The problem with that, though, is the challenge procedure is the only method to get a ballot stub for a particular vote, which ties the potentially illegal vote with a particular voter. So, in the absence of a specific form by SOS for registering an objection to unlawful assistance, it seems to me that it is easier to simply use the document you have.
I did tell you that the judge will only have a few of these, so that's why you should bring 50 with you. Also, you should use these if people vote past 7pm, irrespective of whether a court says the poll should remain open, for the simple reason that this is the only way to segregate the votes with ballot stubs.
So, in summary, stick to your guns. Thanks and good luck.
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Man, vindication is a good feeling. Okay, fellow poll watchers across Texas - DO challenge unlawful assistance.
Antivenom, Petroni or any other election judge - we need a PDF version of the challenge form for poll watchers to download. I can place it on my server if needed.
Excellent post!
Just BTW, when FR has problems like today, many of us go here:
Versus the all too often seditious socialist democratic dead and deportable from defacing the constitutional process .
Stay Safe and Regards from the Panhandle !
So, in the absence of a specific form by SOS for registering an objection to unlawful assistance...
Simply remarkable!!! The state is not even set up to handle this type of fraud. Makes me wonder what else they're not ready for. This is depressing for the good guys, but I suppose getting to the dance late is better than not showing up at all. Something tells me we need to lobby for some stronger measures against vote tampering. Or, maybe it's just a matter of enforcing the existing statutes??? The RATS will not stop their cheatin' ways until MADE to stop.
Thanks again Flyer,
FGS
Yes. They do make it illegal, but make no provisions to enforce it.The next session of the Texas Legislature needs to hear from us.
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