In PA, voters can be challenged at the polling place by any other voter

[JPZenger]

There have been reports in other states of voters being challenged at the voting place on election day. The claim is made that the person in ineligible to vote. The goal is to not only intimidate voters, but also to cause long lines in Democratic areas so that people walk away without voting. This type of challenge is possible in PA. NPR had a story on Oct. 6th about voter challenges, including the law in PA, which made me write this post.

http://www.npr.org/templates/story/story.php?storyId=95440887

http://www.npr.org/templates/story/story.php?storyId=93832292

Here's highlights from a League of Women Voter's description of voter challenges in PA::

At the polls, you can be challenged by a poll worker, a partisan poll watcher, or any other voter. (Common Cause has asked PA to change the law to limit challenges to the local Judge of Elections.) A voter can be challenged based upon residency, identity, whether they live in that district or other violation of election law.

The local Judge of Elections is then supposed to put the challenged person under oath and ask them to sign an Affidavit. The law provides that the CHALLENGED PERSON is then supposed to find another qualified voter from that election district to swear to their residency. That part is unrealistic, unless the person came to vote with another person they know. As a result, in most cases, the person would have to use a provisional ballot, and their eligibility would be decided later.

The League's guide says that if a person moved, they are still allowed to vote once in their old polling place, provided they sign an Affirmation of Elector at the polling place updating their address. That is not widely known.

State law provides that it is illegal to use threats, coercion or fraud to interfere with voting.

To avoid intimidation, police are not allowed within 100 feet of the polling place except when they vote or are responding to a call.

The League suggests calling the County voting office if there is any problem. The voting office typically have at least one attorney on site on election day to handle complaints. The independent Election Protection Hotline is 1-866-our-vote. At some polling places, they will have representatives outside the building with signs.

If you're challenged, the law requires that the VOTER provide additional evidence, such as another registered voter to swear to your residency.

The following is a detailed description of PA voting laws. Voter challenges are addressed on page 26.

http://palwv.org/voting/Pennsylvania-Nutshell-2008v2%20to%20Local%20Leagues%2003-06-08.pdf

If there is a doubt, voters are encouraged to check in advance with the County voting office to see if they are registered. The State operates an on-line site to check if you are registered, but it is not 100% complete. If you find you are not registered because of a mistake, you should appeal to your County Election Commission as soon as possible, who will make a decision.

At the polling place, there may be a supplemental list of recently registered voters who are not on the main list. If your name is not on the main list, you should ask them to check the supplemental list.

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Attorneys, law students and paralegals are being asked to volunteer to oversee voter protection. The following are links to volunteer:

http://www.nationalcampaignforfairelections.org/page/s/vol08ep

Pennsylvania Voter Protection Team
Campaign for Change
[e-mail]
215-563-4429
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First time voters and persons voting at a polling place for the first time must have identification. Photo ID is not required in PA - a utility bill with a correct name and address is OK. If they don't have ID, they are still allowed to use a provisional ballot.

In conclusion, tell people: whatever happens, don't walk away. At least ask for a provisional ballot.