About Poll Watching in Minnesota
There have been a number of claims floating around recently about potential droves of poll watchers and vote challengers being recruited for Election Day. But Minnesota has protections to ensure voters can cast their ballots uninterrupted.
Vote challengers
As the term implies, vote challengers are people who challenge a person’s right to vote at the polling place. Minnesota voters should rest assured that they will not encounter wanton challenges to their right to vote on election day: the state has strict laws about who can and cannot challenge a vote. Other voters at the precinct can challenge another voter’s right to vote. It’s incredibly important to note, though, that for one voter to challenge another voter’s status, the challenger must have personal knowledge that the voter they are challenging is not eligible.
Here’s an example: Voter A goes to the polling place to vote, saying they just turned 18 last week. Voter B, nearby, sees Voter A trying to vote and challenges on the grounds that Voter B just attended Voter A’s 17th birthday party last week. Voter B is justified in their challenge because they personally know and have evidence that Voter A is not qualified to vote. The election official would then likely ask Voter A to either swear an oath, or present some form of ID confirming they are 18.
This is an example of a challenge that would not be allowed in Minnesota: Voter A has just finished voting and notices someone that they think looks suspicious to be attempting to vote, Voter B. Voter A does not know Voter B, but Voter A firmly believes they look like they are up to no good. Voter A tries to challenge Voter B, but the election official sends them away because they have no personal knowledge of Voter B. Voter B is allowed to proceed.
The second type of challenger must be appointed by a major political party-- and only 1 person per party is allowed in any given precinct. These challengers must be residents of the state, and usually are residents of the precinct they are seeking to be a challenger in. These challengers are not allowed to interact with voters. They are not allowed to see or inspect voter information that is in the polling place. If they have a challenge they must bring it to an election judge. They are not allowed to bring it to the voter in question- if the election judge decides their challenge is legitimate, then the judge may go to the voter to confirm they are eligible to vote. The judge may also decide the challenge is not legitimate and the voter will be left to proceed as usual. Additionally, as Minnesota law states, the challenger must have personal knowledge that the voter they are challenging is not eligible.
Poll Watching
This term is a bit ambiguous, so let’s start with a definition: what is poll watching?
Some people may believe that poll watchers are individuals who stand directly outside the polling place in an effort to intimidate voters. Minnesota voters may rest assured this will not happen. Minnesota law states that “No one except an election official or an individual who is waiting to register or to vote or an individual who is conducting exit polling shall stand within 100 feet of the building in which a polling place is located.” Additionally, law enforcement or “peace officers” as defined by law, may not “remain in a polling place or stand within 50 feet of the entrance of a polling place,” unless the election officials summon them. Thus, in Minnesota, the type of poll watchers many people initially think of, are not allowed.
The other type of poll watcher, those that are appointed by a major political party to remain in the polling place to watch for voting or election violations, are defined in Minnesota law as “Challengers.” Only one challenger per major political party, per precinct are allowed. These individuals are not allowed to interact with voters, view voter registration forms, absentee ballots, or any other items with voter information on them. If they have a concern about something happening at a polling place, they can only speak to an election judge. The election judge then decides how to best handle the situation.
What if the rules on challengers are not being enforced?
There are a few steps voters can take if they are experiencing problems at the polling place. Here is a summary of a few easy steps that will resolve most issues:
Bring your issue to the attention of an election judge at your polling place.
If that does not work, ask to speak to the head election judge. If the head election judge is unable or unwilling to resolve the issue, ask them to bring the issue further to the city or county election official.
If the head election judge and/or local election official is unable or unwilling to resolve your concern, file a formal complaint at your polling place with the head election judge. Then, try contacting a nonpartisan election protection resource, such as:
Minnesota Secretary of State Elections Phone Line: 651-215-1440 or 1-877-600-VOTE (8683)
The Election Protection Hotline: 866-687-8683 (866-OUR-VOTE)
The Minnesota Disability Law Center Voter Hotline (tailored for voters who have disabilities): 1-800-292-4150.
If you believe you have encountered voter suppression or intimidation, also consider reporting it to Electionland, a coalition of newsrooms around the country that are covering problems that prevent eligible voters from casting their ballots during the 2020 elections.
Should Minnesota voters be worried?
Despite the reports of people attempting to recruit mass amounts of voters to go “watch” the polls, or challenge voters at the polls, this is not possible in Minnesota. There are many laws expressly stating what type of conduct is and is not allowed in and around polling places. These laws should prevent such voter intimidation tactics from happening. So Minnesota voters may rest assured, knowing they have many protections on their right to vote.