By STEPHANIE VETTENBURG-SHAFFER

McKean County District Attorney

(Editor’s note: The information in this special series is for educational purposes only and is not intended to address any particular case, nor should any articles be taken as legal advice.  Always consult with an attorney on any legal matter.)

Election Day, like the Primary Election held last Tuesday in Pennsylvania, brings out a different set of rules that are designed to preserve every qualified voter’s right to vote.

This could include reports of intimidation at the polls or crimes of violence.

The District Attorney’s Office provides a phone number that routes all calls of anyone wanting to report an election code violation during the time the polls are open. Most election issues are referred to the Board of Elections. In fact, the police role at polling places is intended to be quite minimal. Constables, though, are very present at the polls.

The County Board of Elections has broad authority on election day and is responsible for nearly every aspect of election day and they report all suspicious circumstances to the District Attorney by statute. So, myself and the county detectives receive all election complaints within the District Attorney’s Office.

A judge is also available for any emergency hearings that have to occur because of the time-sensitive nature of decisions that are made on election day.

Only authorized persons are permitted at the poll. This includes voters, those waiting to vote, election officials, constables to ensure peace, and poll watchers (people who have a certificate to be there). No one is allowed at the voting booth except the voter unless they require assistance.

Everyone else must be at least 10 feet from the poll entrance, except police officers who must generally be at least 100 feet away and poll watchers who must remain at least 6 feet from where voting is occurring.

No campaign materials are allowed in the polling place and must remain at least 10 feet from the door. In a prior year, we had a complaint that a polling place had a television on where campaign ads were running.

If someone is in line waiting to vote at 8 p.m. (when the polls close), they are still permitted to cast their ballot.

The judge of elections is the officer in charge of the polling place and enforces the rules for the conduct of election at the polling place. The role of law enforcement is to maintain peace at the polls. Presence of police is generally prohibited at the polls but constables do not fall under this prohibition.

Generally, police must stay outside of 100 feet unless called upon, but police are also required to render aid and assistance in maintenance of peace and in the making of arrests when called upon by a judge of election or county board of elections. Other exceptions for police include when they are voting; if their department is inside the same building as the polls; if they are serving warrants; if they are called to preserve the peace; if they are called to clear a path to the door when obstructed and preventing voters from voting; when maintaining order and quashing disturbances; and when called upon by the judge of elections to assist in the performance of their duties.

Obviously, no one can do anything to intimidate a voter and constables are to be present at the polling place in each election district during the election and while votes are being counted for the purpose of preserving peace.

Challenges to voter identity or residency are challengeable at the poll and will be determined by judges of elections.

Of course, some “election” issues can fall under both the crimes code and the election code such as interference with elections, assault, threat, and others, so the interplay between the duties of election workers, constables, and police can be intertwined.

We have not had many issues with elections in the time that I’ve been the District Attorney, there are issues that we are always watching for, including blocking voters at polling location; thefts of ballots; vandalism; tampering with mail-in ballot envelopes or drop off boxes; voter intimidation; and threats toward poll workers. In last year’s election, police escorted those who were driving the ballots to the courthouse to ensure no interference. Everyone will do what is necessary to ensure that each election day is safe and the voters’ voice is heard and enforce the election code to preserve every qualified voter’s right to vote.