Does this seem right? Election question

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Does this seem right? Election question - 4/8/2010 4:36:05 PM

TheQuestioner

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Joined: 4/8/2010
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Please forgive the screen name just added. I've been a member for awhile, but for this question, I am being a fraidy cat and not using my regular account.

I live in a small town and we recently had an election and some of the things that went on, and continue happening because of the results just don't sound right. As I was pondering what to do, I thought there are alot more educated people than me that follow the Politics board so why not ask for suggestions here.

I'm asking for opinions, opinions, opinions. I'm not asking for legal advice of any sort.

For this election, you do not need to be a registered voter. You need to be a resident of town, You only need to show ID. Prior to the election, the mayor and a few other people had a card printed that was distributed throughout the town. To paraphrase it said "don't forget to vote, the following candidates are endorsed by john smith, mayor bill johnson and council person jack white." At the bottom of the card it says "Bring this card and your drivers license with you". More than a few people brought the cards with them and took them into the voting booths with them. When the election workers saw the cards, they would confiscate them and rip them up on the spot. These cards were also given out to people showing up to vote. Does it seem right the mayor and others are basically telling people to bring a piece of campaign literature in with them to the voting booth?

There were a few seats up, one ended up in a tie. The election rules state that in the case of a tie, winner will be decided by drawing lot. The mayor and existing council has decided that no, they are just going to appoint the seat in question.

In rules of the election board, it says in order to vote, you need to be at least 18, a resident and have no unpaid taxes, liens etc owed to the city. Is that legal? My understanding is that if something is in a city charter, but conflicts with state or federal law, the higher law wins. So in this case, does federal law state you can't vote if you have unpaid taxes or liens?

So again, if anyone has any thoughts, opinions or suggestions, they would be appreciated. If you want more details, just send me a pm.

Thank you

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RE: Does this seem right? Election question - 4/8/2010 4:38:10 PM

Aylee

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Joined: 10/14/2007
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Local election, local law.

It sounds strange that the poll workers were tearing up the cards though.

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RE: Does this seem right? Election question - 4/8/2010 4:43:32 PM

Musicmystery

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quote:

It sounds strange that the poll workers were tearing up the cards though.

The cards constitute campaigning, which is not allowed within X number of feet of a polling place.

(in reply to Aylee)

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RE: Does this seem right? Election question - 4/8/2010 4:46:32 PM

Aylee

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quote:

ORIGINAL: Musicmystery

quote:

It sounds strange that the poll workers were tearing up the cards though.

The cards constitute campaigning, which is not allowed within X number of feet of a polling place.

I read it as these people had their cards in their hands with their DL. Not that they had them outside handing them to people. If it was the second, then yes, that makes perfect sense. Although a LEO should have came along and just told them to shove off.

_____________________________

Ceterum censeo Carthaginem esse delendam

I don’t always wgah’nagl fhtagn. But when I do, I ph’nglui mglw’nafh R’lyeh.

(in reply to Musicmystery)

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RE: Does this seem right? Election question - 4/8/2010 5:06:31 PM

DomKen

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Joined: 7/4/2004
From: Chicago, IL
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I've worked as a poll watcher in years past. It is perfectly legal, assuming this is the US, for the voter to bring anything they want into the booth with them. Specifically voter guides, the card as described, is legal. Someone handing them out to people on the way into the pollingplace is electioneering and is prohibited if it is too close. the laws vary widely on how far away they have to stay, check with your local sheriff or election board for details.

As to the tie result, the legal procedure must be followed. IOW teh tied candidates must draw lots for who wins. Violating that is a violation of election law and opens who ever tried it to all kinds of legal trouble.

As to the liens etc disqualifying you to vote, I'm virtually certain that that is illegal. Call your local ACLU or other civil rights group for assistance.

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RE: Does this seem right? Election question - 4/8/2010 5:19:52 PM

servantforuse

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I wish that an ID card was required to vote in Wisconsin elections. You are fortunate.

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RE: Does this seem right? Election question - 4/8/2010 5:33:24 PM

Thadius

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quote:

ORIGINAL: DomKen

I've worked as a poll watcher in years past. It is perfectly legal, assuming this is the US, for the voter to bring anything they want into the booth with them. Specifically voter guides, the card as described, is legal. Someone handing them out to people on the way into the pollingplace is electioneering and is prohibited if it is too close. the laws vary widely on how far away they have to stay, check with your local sheriff or election board for details.

As to the tie result, the legal procedure must be followed. IOW teh tied candidates must draw lots for who wins. Violating that is a violation of election law and opens who ever tried it to all kinds of legal trouble.

As to the liens etc disqualifying you to vote, I'm virtually certain that that is illegal. Call your local ACLU or other civil rights group for assistance.

I completely agree with what Ken has stated here.

I think that even a voter would be found to have standing in regards to a lawsuit about the way the tie was settled in conflict with the law or city charter.

It is definitely illegal to prevent a citizen from voting based on liens and back taxes. As Ken suggested contacting your local ACLU which can be found HERE is probably the best route, and possibly a call to the state's attorney.

Good luck to ya.

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RE: Does this seem right? Election question - 4/8/2010 5:36:36 PM

pahunkboy

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From: Central Pennsylvania
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Forget the ACLU

Get on your states website. every states has one.

from there look up your states election law.
Note the code and section. once you have this - you are ready to roll.

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RE: Does this seem right? Election question - 4/8/2010 9:41:28 PM

Termyn8or

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FR

Technically, if they were inducing people to hand out those cards to ANYONE at the polls they were inducing them to commit a "crime". That means a conspiracy. However it depends on just who defines conspiracy.

I think it was wrong to do so, but the law means nothing. I mean nothing, they did it. I am also against franking priveledge. Incumbents have enough of an advantage already. If you want fair elections you'll have to find a free democracy in which to live. To my knowledge there are none.

In this case the ACLU might come in handy, but maybe not. It was wrong, but if it can be corrected or dealt with in any effective way is anyone's guess.

T

(in reply to pahunkboy)

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