The Sixth US Circuit Court of Appeals allowed the parties to have challengers at the polls in Ohio. I haven’t seen any news articles that explain the mechanics of this. If I’m voting and am challenged, do I have to prove my eligibility to the challenger, or is the burden on them to prove that I’m not eligible? Can I as the voter simply refuse to answer any questions of the challenger?
If you’re challenged in Ohio, there will likely be lawyers at your polling place to assist you. You may also call 1 866 OUR VOTE (688 8683) to report it (or challenges/intimidation/“dirty tricks” in any state) and request assistance.
Yes, but can the challenger address the prospective voter directly?
Here’s the memo from the Ohio Secretary of State’s office talking about challenging potential voters.
A voter can be challenged for one of four reasons
- That he’s not a US citizen
- Not a resident of Ohio for at least 30 days prior to the election
- Not a resident of the county or precinct
- Not 18 years old on election day.
Probably yes. However, the voter would be under no obligation to respond. The ballot would be provisional, and presumably evidence supporting the challenge would ultimately be needed.
A news report I heard this morning says that the challengers are prohibited from speaking to voters. All they are allowed to do is inform the precinct officials that they are challenging a particular voter.
If you read the memo, I linked to, the challenger doesn’t speak directly to the voter…the electoral judge does. The voter then has to answer the judge’s questions. If he refuses to answer them, the judge can deny him a ballot.
This may vary by state.
Thank you for providing the link.
Possibly. I was referring only to Ohio.