Hello Good People - Did you know that the law protects your right to poll watch or exit poll? Live and learn how the law protects your rights to observe our American elections for now is the time to come to the aid of accurate elections. Don't allow any one person, State, or local government to stop you from poll watching or exit polling. Here's how you can block the attempt to stop you from doing the right thing.
When some pompous election official, precinct captain, poll worker, Secretary of State, Registrar of Voters, or BOE hot shot tells you/us/we that you can't monitor elections, poll watch or conduct exit polling tell em', "Hello no I won't go...Show me the law". That's right - square your shoulders, look em right in the eye and say, "Show me the law that would prohibit my poll watching or exit polling." That's right. Ask anyone telling you "No" to your desire to poll watch to put the law where their mouth is. If the officious naysayer says, "I don't have to do that." Say "Yes you do!" What follows will be some tough wrangling and you dear activist must stand there and firmly insist and stand upon whatever Federal or State law protects your right to poll watch and/or exit poll.
I am speaking from my own experience. I am a Nevadan who independently monitored and poll watched the 2006 Nevada election - traveling from polling place to polling place. I also monitored the 2008 Nevada Democratic Party Caucus and I can assure you that my presence was not generally welcomed by the precinct captain. In fact the Washoe County Registrar of Voters, Dan Burk, did his best to block me from monitoring the 2006 election by aggressively and repeatedly telling me that because I was not officially party to either the Democratic or Republican poll watching 'Official Observation' team, I would not be able to observe the 2006 Nevada election. I said, "Show how me the law that prohibits my right to poll watch!" Sure enough Burk provided a printed guideline bearing the official stamp of the Nevada Secretary of State that might have outwitted me by unlawfully prohibiting my poll watching.
Rest assured that I am not an attorney and I don't play one on television; but guess what? Nevada law rose right up to fly in the face of this disgruntled election official because it just so happens that I was able to cite NRS 293C.269 which expressly allows: "Members of general public allowed to observe conduct of voting at polling place..."
Nevada Law defines the "general public" as a horse of a different color than me in my capacity as an election activist eyes peered watching for election impropriety, machine malfunction or human malfeasance; someone ready to see and tell all about Nevada election injustice. But a quick review of this particular law clearly reveals the unconstitutionality of Nevada's notion of who can and can't monitor elections. Playing fast and loose with the First Amendment NRS293.269(3) reads: "...[A] member of the general public does not include any person who: (a) Gathers information for communication to the public; (b) Is employed or engaged by or has contracted with a newspaper, periodical, press association, or radio or television station; and (c) Is acting solely within his professional capacity."
Obviously someone is going to have to teach Nevada legislators and the Nevada Secretary of State something about the rights of free speech as well as a legal premise called 'Prior Restraint' that acts to prohibit the lawful gathering and dissemination of public information to the People for whom an election is conducted.
But I chose to sidestep this melodrama and curtail yet another legal battle in 2006 when I made it clear to the Washoe County County Manager - with whom I had launched an official complaint detailing my right to poll watch - that I am always, first and foremost a member of the Public entitled to the protection and service of the law and I did not find it necessary to explain my purpose for poll watching other than to say, "Because I have the right!"
And so do you Election Activist. I wielded the law, beat back my opposition and found myself poll watching to my heart's content on Election Day 2006. So with my story told, I urge you to become rapidly familiar with your State laws regarding your rights to poll watch and or exit poll. Don't let anyone tell you that you can't watch our U.S. elections with the keenest eye imaginable. Call me if you think you can't and I'll help you figure out how you can. You may have to disguise your true "tattle tale' interest in election day rubber necking but that's OK. In this case the ends justify the means. I close with this plea: Uppity activists unite and let's wield whatever law we can find to protect our right to poll watch with an eye towards Election Justice in 2008.
Solidarity,
Patricia Axelrod 775-412-5980
PS: I learned a lot from my observation of the 2006 elections as well as the 2008 Nevada Democratic Caucus and I'll bet you'll learn plenty too if you join the ranks of election activists on the ground Election Day 2008.
BTW: We can not count on our political parties to do the job for us. Party Election Day observers are interested in mainly who has voted and who has yet to vote; all this for the purpose of getting out the vote. Party observer efforts generally extend to reviewing the posted precinct lists of voters who have cast their ballots and then calling their Party to inform them of who has voted so that the Party can figure out who has yet to vote and get those people to the polls.
PPS: Check out Marj Creech's new web site all about poll watching, voting machine failures and the drive to recall these saboteur of democracy: www.recallvotingmachines.com.
And one more thing, as my dear departed Mother always told me any time she caught me hanging my head, "No one ever said it would be easy."
American voters need to take a more active roll in the
election process.
There is not a magic insurance policy against voting
fraud, there are no surety bonds to keep voters safe.
It is up to each and every one of us to keep the election
process honest and effective.
