Open Carry is illegal at a polling place according to State Board of Elections?

[skidmark]

I always instruct them to notify me of the charges in advance.

It has been suggested that it may be better to state a ceiling amount - something along the lines of "Please advise me if the anticipated cost of responding to this request will exceed $XX.xx and what the total cost is anticipated to be. You are instructed not to proceed until I have agreed to pay any fees above $XX.xx" or words to that effect.

They may soak you for research time in determining the anticipated total cost, but that is probably better than getting billed for the equivalent of three or four phone books' worth of pages.

stay safe.

 

[ed]

I just got my FOIA reply via CD.

 

[peter nap]

I just got my FOIA reply via CD.

If they mailed it, looks like they just got it out under the time limit.

 

[Grapeshot]

Haake states that it is against state law (w/o citing said statute) to have firearms in polls.

Want to know why he did not cite it? Because there is no statute stating that - he lied!

This is the law to which has been referred to in the past:

§ 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. The officers of election may order a person violating this subsection to cease such action. If such person does not promptly desist, the officers of election, or a majority of them, may order the arrest of such person by any person authorized by law to make arrests, and, by their warrant, may commit him to the county or city jail, as the case may be, for a period not exceeding twenty-four hours. Any person violating this subsection shall be guilty of a Class 1 misdemeanor.


B. No person shall conduct himself in a noisy or riotous manner at or about the polls so as to disturb the election or insult or abuse an officer of election. Any person authorized to make arrests may forthwith arrest a person engaging in such conduct and bring him before the officers of the election, and they, by their warrant, may commit him to the county or city jail, as the case may be, for a period not exceeding twenty-four hours; but they shall permit him to vote if he is so entitled.
(Code 1950, §§ 24-190, 24-192; 1970, c. 462, § 24.1-104; 1993, c. 641.)

How can conducting yourself in a legal and lawful manner be considered intimidating or disturbing? :banghead:
More importantly how does it "prevent the voter from casting a secret ballot."? W/O that element they have no cause/case.

They tried in the past to restrict T-shirts and hats with 2nd Amendment messages on them - that didn't fly either.

I vote in a school so no guns, but I do OC my empty holster - see both my empty holster or my holstered handgun as a 1st Amendment issue.

I am all for taking this one giant step forward - AG opinion or file suit, get this settled before November!

 

[Grapeshot]

This thread is proof that VCDL members work together for the common good of all.

That is the strength of VCDL, true grassroots activism.

 

[Marco]

.

I am all for taking this one giant step forward - AG opinion or file suit, get this settled before November!

 

[Grapeshot]

You are ahead of the curve Marco!

 

[Repeater]

You are ahead of the curve Marco!

I suppose it helps that Bell want to be the next AG.

 

[peter nap]

I suppose it helps that Bell want to be the next AG.

I'm going to ask Peace if he wants to be my next Delegate

 

[MAC702]

...I vote in a school so no guns,...

I am all for taking this one giant step forward - AG opinion or file suit, get this settled before November!

Are you given an alternative place or method of voting? If not, then there seems to be grounds for a suit to be disarmed at the school.

You have a RIGHT to vote.
You have a RIGHT to be armed.

 

[riverrat10k]

You have a RIGHT to vote.
You have a RIGHT to be armed.

This.

 

[Thundar]

I think we need to take a different tact on this. I vote in a dangerous high crime area. I am legitimately intimidated by being disarmed in order to vote.

There was one complaint that a firearm on somebodies hip was intimidating....What if they had 500 complaints that the state board of elections arbitrary removal the means of self defence made us feel unsafe and was intimidating?

Live free or die,

Thundar

 

[peter nap]

I think we need to take a different tact on this. I vote in a dangerous high crime area. I am legitimately intimidated by being disarmed in order to vote.

There was one complaint that a firearm on somebodies hip was intimidating....What if they had 500 complaints that the state board of elections arbitrary removal the means of self defence made us feel unsafe and was intimidating?

Live free or die,

Thundar

You reckon you can get 500 people off their duffs Thundar?

Grapeshot, Ed, Marco, TFred, Proshooter and....a few others have bothered to do anything so far.

 

[Grapeshot]

I think we need to take a different tact on this. I vote in a dangerous high crime area. I am legitimately intimidated by being disarmed in order to vote.

There was one complaint that a firearm on somebodies hip was intimidating....What if they had 500 complaints that the state board of elections arbitrary removal the means of self defence made us feel unsafe and was intimidating?

Live free or die,

Thundar

In order for "intimidating" to have validity, it must prevent someone from casting their secret ballot.

The Board of Election claim/justification is at best tenuous and a misapplication of the spirit and intention of the law. Passively doing anything should not be intimidating to others.

 

[peter nap]

Naps understood by some...Fables

:banana:
A great conflict was about to come off between the
Birds and the Beasts. When the two armies were collected
together the Bat hesitated which to join. The Birds that
passed his perch said: ‘Come with us"; but he said: ‘I am a
Beast.’ Later on, some Beasts who were passing
underneath him looked up and said: ‘Come with us"; but
he said: ‘I am a Bird.’ Luckily at the last moment peace
was made, and no battle took place, so the Bat came to the
Birds and wished to join in the rejoicings, but they all
turned against him and he had to fly away. He then went
to the Beasts, but soon had to beat a retreat, or else they
would have torn him to pieces. ‘Ah,’ said the Bat, ‘I see
now,
‘He that is neither one thing nor the other has no
friends.’
:monkey

 

[peter nap]

Things are getting organized now and should start moving forward again.

 

[TFred]

In order for "intimidating" to have validity, it must prevent someone from casting their secret ballot.

The Board of Election claim/justification is at best tenuous and a misapplication of the spirit and intention of the law. Passively doing anything should not be intimidating to others.

So to get back to the original incident at the beginning of this thread, the OP saw a sign, asked about it, and then covered up so that he could vote.

Perhaps in hindsight a better path would have been to see the sign, ask the polling officials to confirm to him that he would not be allowed to vote while openly carrying, then leave and file the official complaint.

It appears to me that if you comply with the policy and vote, they will say "no harm, no foul."

?

TFred

 

[peter nap]

So to get back to the original incident at the beginning of this thread, the OP saw a sign, asked about it, and then covered up so that he could vote.

Perhaps in hindsight a better path would have been to see the sign, ask the polling officials to confirm to him that he would not be allowed to vote while openly carrying, then leave and file the official complaint.

It appears to me that if you comply with the policy and vote, they will say "no harm, no foul."

?

TFred

Remember, the official policy is to call 911.

 

[TFred]

Remember, the official policy is to call 911.

Did we ever figure out what we expect would happen if the police arrived for such a call?

TFred

 

[peter nap]

Did we ever figure out what we expect would happen if the police arrived for such a call?

TFred

Nope!
It really depends on the area I expect. In Chesterfield they'll probably charge you with a terrorism crime.