168.733 Challengers; space in polling place; rights; space at counting board; expulsion for cause; protection; threat or intimidation.

446 words·~2 min read·/mi/chapter-168/168-733

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 733.

(1)The board of election inspectors shall provide space for the challengers within the polling place that enables the challengers to observe the election procedure and each person applying to vote. A challenger may do 1 or more of the following:

(a)Under the scrutiny of an election inspector, inspect without handling the poll books as ballots are issued to electors and the electors' names being entered in the poll book.

(b)Observe the manner in which the duties of the election inspectors are being performed.

(c)Challenge the voting rights of a person who the challenger has good reason to believe is not a registered elector.

(d)Challenge an election procedure that is not being properly performed.

(e)Bring to an election inspector's attention any of the following:

(i)Improper handling of a ballot by an elector or election inspector.

(ii)A violation of a regulation made by the board of election inspectors pursuant to section 742.

(iii)Campaigning being performed by an election inspector or other person in violation of section 744.

(iv)A violation of election law or other prescribed election procedure.

(f)Remain during the canvass of votes and until the statement of returns is duly signed and made.

(g)Examine without handling each ballot as it is being counted.

(h)Keep records of votes cast and other election procedures as the challenger desires.

(i)Observe the recording of absent voter ballots on voting machines.

(2)The board of election inspectors shall provide space for each challenger, if any, at each counting board that enables the challengers to observe the counting of the ballots. A challenger at the counting board may do 1 or more of the activities allowed in subsection (1), as applicable.

(3)Any evidence of drinking of alcoholic beverages or disorderly conduct is sufficient cause for the expulsion of a challenger from the polling place or the counting board. The election inspectors and other election officials on duty shall protect a challenger in the discharge of his or her duties.

(4)A person shall not threaten or intimidate a challenger while performing an activity allowed under subsection (1). A challenger shall not threaten or intimidate an elector while the elector is entering the polling place, applying to vote, entering the voting compartment, voting, or leaving the polling place.

History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1955, Act 271, Imd. Eff. June 30, 1955 ;-- Am. 1995, Act 261, Eff. Mar. 28, 1996 ;-- Am. 1996, Act 583 , Eff. Mar. 31, 1997

Popular Name: Election Code