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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.
As always, a FReep mail will get you on or off this Houston topics ping list.
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I still believe that the very presence of poll watchers deters fraud. You have no idea how many attempts were not made simply because you were there.
Uh. . . gee, may as well stay home. That is silly.
What you witnessed was most definitely election mischief. Many of the election workers have been doing this for years, with no one holding them acccountable. They are in for a surprise this year, but will be properly "outraged" at poll workers daring to challenge their fraud. 
That is what I have to believe, too. I hope to have an answer by Tuesday.
I still believe that the very presence of poll watchers deters fraud. You have no idea how many attempts were not made simply because you were there.
Oh, I barely slowed them down. Maybe they just weren't as blantant about it.
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