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What poll-watchers can and can’t do

President Donald Trump has been urging his supporters to keep an eye on local polling places so the Democrats do not “steal” the election on Nov. 3. He has gone so far as to say that the only way he can lose is if the voting process is flawed and the Democrats “cheat.”

In fact, at the first debate between him and Democratic challenger Joe Biden, Trump specifically called out Philadelphia, where he said “bad things happen” in elections. Pennsylvania is shaping up to be a battleground state this year just as it was four years ago when Trump won its 20 electoral votes by beating Democrat Hillary Clinton by about 44,000 votes.

As well-intentioned as some Trump supporters might be in wanting to make sure that there is not a “rigged election,” as their candidate insists there very well could be, they must understand that if they show up inside a polling place where they do not belong that they are subject to arrest and a fine.

There are specific laws and regulations governing who can be in polling places and their behavior, and those who are not there to vote or credentialed are opening themselves to possible charges of intimidation. This is all laid out in Section 310 of the state’s Election Code.

Poll-watchers must be registered voters and are restricted to their home counties, although the Trump organization has filed a federal lawsuit to remove this restriction, thereby allowing, for example, a resident of Allegheny County to be a watcher in Carbon County. This issue has not been resolved as this column is being published.

As it stands now, poll-watchers must be chosen by a political party or a candidate then certified by that county’s board of elections. On top of that, the number of poll-watchers on hand at any one time is limited.

Independent voters can be poll-watchers, but they must be appointed by a candidate or a party. Watchers can also be at a polling site on behalf of candidates from the Green, Libertarian and Constitution parties provided that they follow the same rules as Republicans and Democrats.

Outside of the polling places, a person can show support for a candidate so long as he or she is at least 10 feet from the voting site. The supporter, however, cannot be verbally or physically aggressive, threatening, block a person from entering the polling site, take videos or photos or show weapons. All of this can constitute intimidation.

So who is entitled to be inside the polling place? Each site has a judge of elections and two inspectors of elections, all three elected by voters specifically to oversee elections at local polling spots.

Then, there are clerks, who do the bidding of the election officials, and voting machine operators. Each voting site has a constable, sometimes more than one, depending on the size of the precinct. (Police officers are not allowed inside the polling site and must be positioned at least 100 feet away from the site entrance.) Of course, the voter is permitted, along with a helper if the voter cannot understand the ballot, has a visual or other qualifying disability or is not physically able to operate the voting machine.

When you are inside the polling site, you may also see poll-watchers - up to three may be appointed by each political party and up to two for each candidate - but only one watcher from each party and candidate is allowed inside the polling site at one time.

Poll-watchers can’t interfere in the actual balloting, nor are they permitted to speak to voters or touch official documents, and if they do challenge a prospective voter, they must do so through an election official, not face-to-face with the voter. These poll-watchers must have a valid reason for challenging voters, and they are subject to charges of intimidation if their challenges are deemed frivolous or if they engage in blanket challenges for flimsy reasons.

If a voter is challenged, he or she must produce a state-approved identification or have a spouse or neighbor confirm the challenged voter’s identity. Voters who can’t or refuse to do so may cast what is called a provisional ballot. These voters have six days to show valid identification, after which a decision will be made to accept or reject the provisional ballot.

It is the judge of elections who is the final arbiter inside the polling site, the one who enforces the laws and regulations determined by the state and has the final word on challenges.

So be smart on Election Day. Know the regulations before you become a challenging crusader at a polling place. Ignorance of the law, regardless of your good intentions, could mean spending time in jail.

By Bruce Frassinelli | tneditor@tnonline.com