Pennsylvania Voting disputes can be immediately challenged

[villageitiot]

Voting disputes can be immediately challenged
By David Pierce
Pocono Record Writer
November 03, 2008 6:00 AM
STROUDSBURG — Voters whose eligibility to cast ballots are challenged at the polls Tuesday have the right to immediately challenge that determination.

If a voting eligibility dispute isn't immediately resolved, that voter might be able to cast a secret "provisional ballot" that will be set aside until a final eligibility determination is made, said Monroe County Voter Registration Chief Sara May-Silfee.

If an outside third party, such as someone affiliated with a partisan political group, challenges an individual's right to vote, the dispute typically goes immediately to the three-member Monroe County board of elections.

"We go to the election board and the election board would make a decision," May-Silfee said, "and then it would go to the court."

A Monroe County Common Pleas judge is on call throughout the day Tuesday to rule on Election Day disputes and problems. But third-party challenges of a potential voter's right to vote is quite rare in Monroe County, May-Silfee added.

"It's never happened to me," she said. "It's never happened. Do I expect it this time? Possibly."

A much more common problem occurs when a voter who goes to a polling district isn't listed on local voter registration forms, so elections officials themselves determine the potential voter isn't legally eligible to cast a ballot.

In such cases, that person may be given a paper provisional ballot to fill out. That ballot is kept inside a sealed double envelope while a final determination of eligibility is made.

"Yes, if after we try all channels, check our records ... if we determine they have no registration, the judge of elections can give them a provisional ballot to vote," May-Silfee said.

If officials determine that voter is eligible but showed up at the wrong voting district, and the voter doesn't want to stand in line again at the correct location, a provisional ballot could be offered in that instance, too.

"But they may not have all their candidates on the ballot, because it's a different precinct with different local races," she added. "It may only be a partial ballot, such as the presidential and congressional and statewide races, that is counted."

All voters, particularly newly registered voters or voters who changed their party affiliation this year, might be asked to provide identification. Picture identification is election workers' preference for new voters, said May-Silfee.

"If they are a first-time voter, preferably a driver's license, some type of photo ID," she said. "Also, a utility bill is acceptable if it has the voter's name and address on it."