Wednesday, December 16, 2015

"Reasonable Impediment": How Will It Work?

How will reasonable impediment be implemented?

It's a good question, and it's hard to know the answer by reading the statute. I came up with a series of questions I want to ask the State Board of Elections. Perhaps you have some questions, too. Drop them in the comments if you do.

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The following questions assume:

  1. the voter in question has come to the polling place prepared to fill out a reasonable impediment affidavit and vote a provisional ballot; and
  2. if this occurs during early vote, the voter in question has seen the signs explaining that no ID is required for voting mail-in absentee and opted to forgo the mail-in absentee option.
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Prior to Election Day or Early Vote 


Will standardized reasonable impediment affidavit forms be made available so voters may fill them out in advance and have all of their documentation ready prior to voting? I am assuming that the signature would have to take place in view of an elections official.

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Election Day or during Early Vote
 
A voter without ID arrives at the polling site check-in table and informs the election official accordingly. I'm assuming the standard procedure will be for the election official to ask for the ID first.
  1. What happens next? Does the election official then present them with options, or do voters need to request a reasonable impediment affidavit? I am assuming the former.
  2. Assuming the voter has all the documentation they need, they then fill out and sign a reasonable impediment affidavit (or sign one they have prepared in advance, if that is an option) and vote a provisional ballot.
  3. No election official in the polling place will make a judgment about the reasonableness of the impediment. If the voter requests this option, has the proper documentation, and fills out the affidavit and signs it, they will be given a provisional ballot to vote.
  4. No poll observers from political parties, nor anyone else in the polling site, may challenge the reasonableness of the impediment.
  5. If the voter's documentation is in order, is there anything that could disqualify them from submitting a "reasonable impediment" affidavit and voting a provisional ballot?
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Post Election Day
  1. Will "reasonable impediment" provisional ballots be kept with all other provisional ballots and be subject to the same vetting process, or will they be separated and subjected to a different process?
  2. Absent any evidence being presented to the contrary, will the "reasonableness" of the impediment be judged during this vetting process?
  3. If so, by whom?
  4. Will a list of persons who filled out a "reasonable impediment" provisional ballot be available to the public?
  5. Will members of the public be able to "challenge" the reasonableness of the impediment during the provisional ballot vetting process.
  6. How will that process work? Who will decide whether or not the evidence presented is enough to disqualify the provisional ballot?
  7. Assuming the voter presented all the proper documentation at the polling site on Election Day, what, if anything, could disqualify their provisional ballot during the post-election vetting process?
  8. If disqualified, will the voter be notified and be given a chance to appeal?

1 comment:

  1. From a Jan 8 article in the Winston-Salem Journal. "State attorneys have refused to include Strach’s points in a written agreement or “commit to publicizing Ms. Strach’s interpretation of the Reasonable Impediment Declaration in an official memorandum to county board of elections or poll workers.”

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