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Thread: Question about OC in Church to vote?

  1. #1
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    Question about OC in Church to vote?

    I was reading the Waterford schools thread about voting day and I have a question. I would like to OC while voting and I have a CPL.

    My voting place is a church and is therefore private property. Can the church owner deny me entry to his facility while OCíing? I realize he has private property rights and can deny me entry on any other day but I donít have a choice in where I vote. Does he give up certain rights by allowing voting to take place in his establishment? Can they deny me entry to vote?

  2. #2
    Regular Member PDinDetroit's Avatar
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    IANAL!

    AFAIK, you cannot be denied entry to vote. You are allowed to OC with a CPL in Pistol Free Zones. I would print off the MSP Legal Update #86 to take with you.

    The following is what I could find for election locations in MI Election Law:

    http://legislature.mi.gov/doc.aspx?mcl-168-662

  3. #3
    Regular Member eastmeyers's Avatar
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    "Bam, I like saying bam when I cite something, in fact I think I shall do this from here on out, as long as I remember.
    Bam!" - eastmeyers

    "Then said he to them, But now he that hath a purse, let him take it, and likewise his sack: and he that hath no sword, let him sell his garment, and buy one."
    Luke 22:36
    God Bless

  4. #4
    Regular Member PDinDetroit's Avatar
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    I wonder how you knew about that thread???

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    Thanks for the link!

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    I read the mcl posted by pd. Playing devils advocate, I do not see where it specifies that an individual cannot be denied entry to a polling place with or without a pistol, or asked to leave because you are violating private property rights.

    I believe there probably is a statute either state or federal that spells this out more clearly.
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

  7. #7
    Regular Member PDinDetroit's Avatar
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    Quote Originally Posted by lapeer20m View Post
    I read the mcl posted by pd. Playing devils advocate, I do not see where it specifies that an individual cannot be denied entry to a polling place with or without a pistol, or asked to leave because you are violating private property rights.

    I believe there probably is a statute either state or federal that spells this out more clearly.
    I believe that eastmeyers link spelled it out pretty well...

  8. #8
    Regular Member dougwg's Avatar
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    Quote Originally Posted by PDinDetroit View Post
    I believe that eastmeyers link spelled it out pretty well...
    Every elector is privileged from arrest while going to, attending, and returning from elections in all cases except for treason, felony, or breach of the peace.
    This doesn't mean they can't arrest you AFTER you're done voting.

    I'm just sayin....

    I agree there really is nothing they can arrest you for anyway, but they can make something up.
    Last edited by dougwg; 10-28-2010 at 12:39 PM.

  9. #9
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    It also does not say that you will be allowed to vote. What are the rules regarding being denied the right to vote? Federal law appears to address being denied based on race or being disabled, but I have as of yet been unable to find anything that guarantees regular people will not be denied access to the polling place.

    I don't think they can keep you from voting, I am just curious where this rule is codified.

    From mi constitution :
    Every citizen of the United States who has attained the age of 21 years, who has resided in this state six months, and who meets the requirements of local residence provided by law, shall be an elector and qualified to vote in any election except as otherwise provided in this constitution. The legislature shall define residence for voting purposes.
    [
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

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