With the 2022 midterms upon us—Tuesday, Nov. 8 is Election Day in the U.S.—it means poll-watching will be out in force.
The otherwise common practice of political party appointees merely observing the electoral process is getting more attention this cycle. This comes amid concerns that election naysayers, were recruited by Republicans to watch polls, it could cause disruption at polling stations.
There have been reports of confrontations between voters and poll watchers for a few weeks now. As if election-suspicious poll watchers lingering at polling stations weren't enough of an annoying paranoia for an election cycle, they've also been reported armed vigilantes intimidate voters at the ballot drop-off points.
All of these come as Election officials are resigning en masse amid an increase in threats and harassment.
Blaine Saito, an assistant professor of law at Northeastern, has worked on polls in Boston and Washington, D.C. Saito says poll watchers don't often interfere with the operation, but occasionally question a voter's eligibility to vote. Not all poll watchers everywhere have the ability to challenge voters like the rules vary by state.
Saito, who will work at the polls Tuesday in Boston, says challenges to voter eligibility—which seems to be happening at an unprecedented rate this cycle—can derail the process. Challenges it can come in the form of direct complaints from poll watchers during real-time voting, binding poll workers, or massive legal challenges from activist groups and others.
Given the current political climate, Saito says he expects more challenges to voter qualifications in precincts across the U.S.
“This could lead to longer queues at polling stations,” he says.
Eligibility varies by state, but each state requires voters to be US citizens, residents of the state they're voting in, and at least 18 years old to legally vote.
The difference between poll watchers and poll workers?
What are the laws governing what poll watchers can and cannot do—and how their role differs from that of pollsters workers?
“Poll observers should not be confused with poll workers, who are retained by voting jurisdictions to perform certain functions on Election Day,” he says Kostas Panagopouloshead of Northeastern's political science department.
Poll-tracking rules vary quite dramatically from state to state, Panagopoulos says. Part of the purpose of poll monitoring is to monitor the voting process and ensure the integrity of the election. Panagopoulos says poll watchers are ordinary people with no special expertise, although they generally receive some training from their respective parties or campaigns on how the process should be carried out.
Although they are often partisans appointed by politicians, poll watchers cannot campaign on behalf of a candidate or cause while performing their role.
Poll workers, on the other hand, exist to facilitate the actual voting, from vetting voters to processing and counting (and recounting) ballots. Poll workers can include groups of people that include “government employees, temporary contractors or volunteers,” according to CNN. Other election officials, belonging to the local government, are often present while voting is taking place at the polling stations as well.
“Sometimes polling boards will have other officials present to help, which means there can often be quite a few people in those polling stations,” says Panagopoulos. Some states do not allow poll watchers to interact with voters as a way to prevent voter intimidation or harassment. but there is a nationwide movement to expands the powers of poll watcherswhich includes, in some places, letting them observe voters at closer distances.
What to do if your vote is disputed
In many states, if your vote is challenged by a poll watcher, you can provide an affidavit that you meet the voter eligibility requirements and proceed to vote normally, according to ACLU. If your name is not on the list of registered voters, you can request a provisional ballot.
“After Election Day, election officials must investigate whether you qualify and are registered to vote. and if so, they must count your provisional ballot,” the ACLU says.
Jeremy R. Paul, a law professor and former dean of Northeastern Law School, says that despite the increase in electronic paranoia, he doesn't expect voter fraud to occur this election cycle. There's just no real incentive to break the law, he says.
“There aren't many people willing to risk a felony conviction just to add one vote, so voter fraud is an unlikely crime,” says Paul.
“The 2020 election was the most closely scrutinized election in our country's history,” says Paul.
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