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Thread: Firearm Prevents Police Officer From Casting Vote

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    Firearm Prevents Police Officer From Casting Vote

    BANGOR, Maine - A Bangor police officer says he wasn't allowed to cast his ballot when an election warden refused to let him vote while wearing his service revolver.

    James Dearing said he was patrolling his beat Friday when he stopped to vote at the Bangor Civic Center. He said that's where warden Wayne Mallar said he couldn't vote unless he turned over his weapon.

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    Darn. That could not happen to a nicer guy.

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    Regular Member ep0k's Avatar
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    Quote Originally Posted by Doug Huffman View Post
    Darn. That could not happen to a nicer guy.
    That warden is lucky the officer just wants an apology. Interfering with someone voting can land you in profoundly hot water.
    v/r
    Forrest Brown
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    I haven't seen anything except the Bangor NP article but I would hazard a guess that the last word hasn't been said on this. In my opinion, at the very least the officer should have called for back up and taken the "Warden" into custody on the spot.

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    So I'm guessing there's no open carry at polling places tomorrow?
    Paul J. Mattson
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    Regular Member ep0k's Avatar
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    Quote Originally Posted by Maine CWP Training View Post
    So I'm guessing there's no open carry at polling places tomorrow?
    Seems like it would be more trouble than its worth. Couldn't find anything on the law books specifically prohibiting but a lot of polling areas are in places restricted for other reasons (courthouses, etc). Also seems like an invitation for antis to accuse us of interfering with the polling process.
    v/r
    Forrest Brown
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    I will Research into the subject matter, however; I seek Assistance to the following Question:
    Does Maine allow Firearms into Polling Places?

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    662. Warden
    A warden has the following powers and duties. [1985, c. 161, 6 (NEW).]
    1. Enforcement of election law. He shall enforce the law governing voting and counting procedures at the voting place over which he has jurisdiction on election day.
    [ 1985, c. 161, 6 (NEW) .]
    2. Order at voting place. He shall keep order at all times in and around the voting place. He shall direct that any person who creates a disturbance or otherwise violates the law at the voting place be removed from it and, if necessary, confined until the polls are closed.
    A. On request of the warden, a peace officer shall remove, confine or arrest a person who creates a disturbance or otherwise violates the law at a voting place. [1985, c. 161, 6 (NEW).]
    [ 1985, c. 161, 6 (NEW) .]
    3. Control of election clerk. The election clerks at the voting place are under the supervision and control of the warden. He may assign their duties for convenience and efficiency and may delegate his ministerial duties to them.
    [ 1985, c. 161, 6 (NEW) .]
    4. Collection of signatures. The warden may select and designate a specific location at the voting place, accessible and observable by the voters, where the collection of signatures may take place. Persons collecting signatures at the polls may make arrangements with the clerk prior to election day and with the warden on election day. The warden may limit the number of persons collecting signatures to one for each specific question, candidate or issue. Persons collecting signatures may not solicit a voter's signature until the voter has completed voting. The warden may direct the removal, under subsection 2, paragraph A, of any person collecting signatures who does not comply with the requirements of this subsection.
    [ 1995, c. 459, 57 (AMD) .]
    SECTION HISTORY
    1985, c. 161, 6 (NEW). 1987, c. 225, (AMD). 1995, c. 459, 57 (AMD).

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by aadvark View Post
    I will Research into the subject matter, however; I seek Assistance to the following Question:
    Does Maine allow Firearms into Polling Places?
    I have heard that the Maine Attorney General had issued an opinion on this exact thing, but have not located it.

    Anybody?
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    From the article:
    secretary of state matthew dunlap. Dunlap told the bangor daily news on sunday there is no state law prohibiting officers from carrying firearms while voting.

    Mallar told the paper he wouldn't comment other than to say he has the right to make determinations about safety.
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    Regular Member ep0k's Avatar
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    Sounds like he was being careful with his words. It still leaves the question of whether non-police still have the right.
    v/r
    Forrest Brown
    Webmaster, Maine Open Carry Association
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by ep0k View Post
    Sounds like he was being careful with his words. It still leaves the question of whether non-police still have the right.
    Unless there is a law restricting this, yes you do.

    You may choose not to and thereby gain nothing.

    It is legal in most polling places in Va, (not schools) because it is not restricted by statute.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member ep0k's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Unless there is a law restricting this, yes you do.

    You may choose not to and thereby gain nothing.

    It is legal in most polling places in Va, (not schools) because it is not restricted by statute.
    The problem we run into a lot is that just because we can't find the relevant law, doesn't mean it doesn't exist. So it may appear that no such statute exists, but that may simply be a byproduct of the ****** search engine maine.gov uses on the legislative site, or arcane wording in the legislation that makes it hard to find.
    v/r
    Forrest Brown
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    You won't find a law or rule prohibiting open or concealed carry other than if the polling place is at a public school or other prohibited location.

    I know of none and I just spoke with an attorney with over 30 years experience in Maine firearms law and he suggested they pulled it out of their a**.
    Paul J. Mattson
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    Regular Member ep0k's Avatar
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    Quote Originally Posted by Maine CWP Training View Post
    I know of none and I just spoke with an attorney with over 30 years experience in Maine firearms law and he suggested they pulled it out of their a**.
    Well that sounds about right.
    v/r
    Forrest Brown
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    Bangor election warden dismissed over cop-gun flap

    11/1/10

    BANGOR, Maine — A city election official who refused to allow an armed, uniformed Bangor police officer to vote last week will not be working at the polls for the remainder of the 2010 elections.

    Bangor City Clerk Patti Dubois, who is in charge of staffing the city’s lone polling place, the Bangor Civic Center, confirmed Monday that Wayne Mallar, a longtime election warden in Bangor, has been asked to stay home.

    Dubois said she planned to contact the officer later Monday to apologize and ensure that he has another opportunity to vote.

    Additional details associated with Mallar’s long-term status as an election official or the reasons behind his dismissal for the rest of this election cycle are considered a personnel matter, interim City Manager Bob Farrar said.

    The incident in question happened late Friday afternoon. Officer James Dearing, who was patrolling his assigned beat near the civic center, decided to stop in and cast an early vote.

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    Last edited by Maine CWP Training; 11-01-2010 at 02:06 PM.
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    I researched most of Maine Statute, to the best of my ability, and have not been able to find any type of Polling Place Restrictions other than the one I last Posted on this Thread.
    Needless to say, Maine is a Common-Law State, and, that which is not Prohibited, is not Illegal.

    It is good to know that The City Clerk of Bangor, Maine has stood up to Anti-Firearm Zealots, and Amine, for one, is a VERY Pro-Firearm State, form what I understand!
    Last edited by aadvark; 11-01-2010 at 02:35 PM.

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    ....Mallar, an election warden, approached Dearing and requested that he turn over the weapon to another officer stationed at the polling place...

    was the other officer armed?

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    Quote Originally Posted by oldbanger View Post
    ....Mallar, an election warden, approached Dearing and requested that he turn over the weapon to another officer stationed at the polling place...

    was the other officer armed?
    If he wasn't, then he would be. Wouldn't that officer then be asked to leave?
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

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    Quote Originally Posted by aadvark View Post
    662. Warden
    A warden has the following powers and duties. [1985, c. 161, 6 (NEW).]

    2. Order at voting place. He shall keep order at all times in and around the voting place. He shall direct that any person who creates a disturbance or otherwise violates the law at the voting place be removed from it and, if necessary, confined until the polls are closed.
    A. On request of the warden, a peace officer shall remove, confine or arrest a person who creates a disturbance or otherwise violates the law at a voting place. [1985, c. 161, 6 (NEW).]
    [ 1985, c. 161, 6 (NEW) .]
    And of course, should it come to this, since this warden apparently prefers his peace officers to be unarmed, they are reduced to the SOP of the British police officers:

    "STOP! Or I'll yell 'STOP' AGAIN!!!"



    TFred

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    There is no Maine law preventing firearms in poling places. If the poling place is a school, then it would fall under the no guns in schools law. My poling place is in my town hall and I have open carried to every election in the last 3 years. Maine preemption law ensures that localities cannot make an ordinance or rule preventing someone from voting because of a firearm, and http://www.mainelegislature.org/legi...17sec2931.html says that interfering with a right (voting and carrying a firearm in this case) is a class D crime. In Maine a Class D crime is punishable with up to 364 days in jail. What that election official did was criminal, and that warden should have arrested him on the spot.

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    Moderator / Administrator Grapeshot's Avatar
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    Election warden involved has been dismissed.
    http://www.bangordailynews.com/story...un-flap,157664

    Check out the poll on whether you should be allowed to carry and vote - hit it - same link.
    Last edited by Grapeshot; 11-01-2010 at 07:02 PM. Reason: added
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by protias View Post
    If he wasn't, then he would be. Wouldn't that officer then be asked to leave?
    yes, by the wardens logic, techically the 2 officers could keep handing the gun back and forth until the voteing was done then leave. that makes as much sense as telling an armed cop he can't vote! not to mention all the saftey rules that will be broken by giving someone a loaded gun,,,,

    we in mi can carry into polling places, even if those polling places are in pistol free zones so long as we open carry.
    But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Declaration of Independence July 4, 1776

    Michigan Concealed Pistol Instructor. Cost 80.00 With advanced techniques included free. PM for more information!

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    On the WGME news they said that you can carry into a polling place as long as it is not a school or church. Are churches prohibited?

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    Regular Member ep0k's Avatar
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    Quote Originally Posted by Flashlight View Post
    On the WGME news they said that you can carry into a polling place as long as it is not a school or church. Are churches prohibited?
    I know of no such statute. Matter of fact a few months back one of the guys speaking against Skolnik's measure mentioned that he regularly carries in church on account of some hooligans in his neighborhood and the Chief of Police didn't seem surprised or interested to hear it.
    v/r
    Forrest Brown
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