They jumped the gun, so to speak.Well, I voted.
When they asked for my ID, I asked if it was required in Virginia. I was told "yes."
I then asked the poll workers if they were aware that a Project Veritas operative was offered a provisional ballot under the name of Eric J. Holder earlier this year. None of them had heard of the event.
Not quite as damning a video as one might think when all the facts are laid out, but seriously, they asked for my ID, said it was required, but this is obviously not the case. I should have said I did not have ID and filed a provisional ballot, but I needed to get to work.
Although the State Board of Elections acts in an overseer capacity, it's local governments that have local boards and registrars, and I'm guessing that puts the matter under 15.2-915. And since the voter intimidation statute has no explicit reference to firearms, implementation of that policy would be illegal. I'd have to do more research to be sure, but that's what I'm thinkin'.
It sounds to me like someone needs to feel intimidated by a law enforcement officer in the polling place, and report it.I just got off the phone with Lawrence Haake, III Registrar of Chesterfield. ((804-748-9745)
He stated that due to an incident in March 2012, the State Board of Elections on HIS recommendation has now prohibited open carry due to a person seeing a gun and being intimidated.
than i think we should holler loud and holler frequently. if everybody on this board contacted every on that is responsible for this decision there will be results.
you know there was a time in this country that having a firearm was mandatory
Constitutional Rights said:Constitutional duties of able-bodied citizens under U.S. or State jurisdiction:
(1) To defend the U.S. or State, individually and through service in the Militia.
(2) To keep and bear arms.
(3) To exercise general police powers to defend the community and enforce the laws, subject to legal orders of higher-ranking officials when present.
Unless I overlooked it in scanning all the posts, all of them have addressed this as a Commonwealth issue. And, we may prevail at the State level.
But, no one has mentioned the Voting Rights Act of 1964, which also speaks to voter intimidation. If any voter makes a claim of intimidation, the Poll Officer must report that, and it could well ultimately involve Holder's DOJ. A federal case is a wholly different issue with no guarantee of a positive result for us.
Like brandishing, intimidation involves a perception by the affected person. While a charge of brandishing in VA must pass a reasonableness test, I am not so sure that reasonableness is a factor in a federal case.
Of course, that is just my opinion. I could be wrong.
When I spoke to Mr. Haake, I asked how my legally open carrying my gun is intimidating, he said that it was not to him but there was an incident in March 2012. I have written and asked for a better explanation and emailed the AG office requesting verification as to the legality of what the State Board of Elections did.
§ 24.2-607. Prohibited conduct; intimidation of voters; disturbance of election; how prevented; penalties.
A. It shall be unlawful for any person to hinder, intimidate, or interfere with any qualified voter so as to prevent the voter from casting a secret ballot....
Completely agree. Currently, the Registrar of Chesterfield is in violation. While he can make an arbitrary decision, he could ultimately be instructed to remove the signs and/or be sued. I doubt if anything has been done today, but certainly an issue to resolve before November. Nothing in VA Code 24.2-607 prevents OC, regardless of what their internal discussions, decisions or policies may be.
That said, I know it’s great to get on here and pump each other up on right or wrong, but I think this situation has additional elements to anticipate and prepare for between now and November, especially if we are challenging the Registrar, the SBE and requesting the AG’s intervention. The following outlines why it may not be as clear cut as we hope.
Voter turnout is always low so every vote counts and legislators place voter turnout at the top of their goals. Being on the cabinet of several lawmakers’ campaigns, I feel they may take the opportunity to eventually christen a “polling place” sacred for that day under an equitable grounds argument. At least it’s something we should anticipate.
Equitable meaning that if Jane Doe lives in Sterling, VA, her polling place is at a school and she will not be exposed to guns at the polls. Yet if Jane Doe lives in in Wagstaff, she may be voting alongside folks toting guns and if anti, feel physically intimidated for lack of belief, education or understanding, she may have an argument. Legislators want neutrality at polling stations and will likely opt for an equal slate across the board. Since most polling stations are within schools, and all are temporary, the path of least resistance is to keep everything equal.
We 2A and OC supporters don’t stop voting just because we can’t take a gun on school grounds. We respect, follow the law and argue to change it. So, while I can see a few going, “well if they do prevent me from carrying, I won’t vote”, the majority will still vote whether they can lawfully carry or not and legislators know this. That said, it is likely even pro-gun legislators would not oppose a change.
Again, right now it IS lawful to carry, OC or CC, in polling places which are temporarily in non-school locations, but the argument to anticipate is one of equitable grounds for voters, especially in November as liberals will be out in droves.
A. It shall be unlawful for any person to hinder, intimidate, or interfere with any qualified voter so as to prevent the voter from casting a secret ballot.
It seems to me that the poll worker violated the Code of Virginia.