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Thread: last minute but would it be illegal to carry/pass out trifold at my polling place?

  1. #1
    Regular Member NHCGRPR45's Avatar
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    last minute but would it be illegal to carry/pass out trifold at my polling place?

    ok i was just had a discussion with a neighbor who will be manning a polling station and she said that haveing/passing out tri-fold would be illegal during voting! is that true??

    she said that haveing tri-folds in my back pocket visible would be a violaton of state and federal law! she said it would be the same if people were trying to push there candidate inside a polling station, which i know they can't do.

    i said MOC tri-folds do not push any candidates nor did they have any opinion on any candidates. she said it didn't matter! passing out info on polling day is a strict " no no!" and could even get me arrested! since i believe she is wrong on some parts i believe that i take her seriously enough to post it to you as a group to see what you guys and gals think? so whats the verdict?

    i will most probably not have visible tri-fold tomorrow, but if asked could i give one out and not risk prison?
    Last edited by NHCGRPR45; 11-01-2010 at 11:24 PM.
    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

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  2. #2
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    That's a new one on me. I don't see how having one in your back pocket would be an issue, all you would see is the flags. I'm not going to speculate on the rest though.

  3. #3
    Campaign Veteran Glock9mmOldStyle's Avatar
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    Question

    You need to contact the city and ask what the policy is on "distribution of hand bills / Literature" is? Some cities may require you to get a permit. However, being that I always see people passing out political fliers at all polling places in my town, I doubt they all got permits.

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    The only thing close I could find about literature was this in the Election Guide. Note, I said close, not exact.

    http://www.michigan.gov/documents/so...s_266009_7.pdf

    Michigan election law, MCL 168.678, extends precinct boards full authority to “maintain peace, regularity and order at the polling place ….” Precinct boards are extended such authority as voters have a right to vote a secret ballot in a secure, orderly environment which is free of distractions. To ensure the orderly management of the polls on, all city and township clerks are urged to take the following actions before the polls open:
    • Outside of each building which will be used as a polling place, measure off and mark where individuals who wish to solicit votes outside of the polls may conduct their campaign activities. (Michigan election law stipulates that no person is permitted to solicit votes or engage in any type of campaigning within 100 feet of any doorway used by voters to enter the building in which a polling place is located.)

    AND

    Election inspectors must request that voters entering the polls remove campaign buttons or cover up clothing which bears any reference to a political party or interest group, campaign slogans or a candidate names. In addition, voters must be told to conceal campaign literature or other campaign materials brought into the polls. While there is nothing to prohibit a voter from referring to campaign literature or “slate cards” when voting, such materials may not be left behind in the voting station. Election inspectors should periodically check each voting station for campaign literature left by voters and discard any that is found.

    Having them in your back pocket itself doesn't appear to be an issue. If the above could be inferred as covering the tri-folds like handing one out, the most that could happen in my opinion is asking you to leave. If you didn't leave then it might be a criminal matter if an LEO has to escort you out.
    Last edited by budlight; 11-01-2010 at 11:41 PM.

  5. #5
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    Quote Originally Posted by budlight View Post

    Election inspectors must request that voters entering the polls remove campaign buttons or cover up clothing which bears any reference to a political party or interest group,
    If they try to pull some crap about OC, citing the above, remember preemption.

  6. #6
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    Quote Originally Posted by stainless1911 View Post
    If they try to pull some crap about OC, citing the above, remember preemption.
    That is correct regarding carrying a firearm.

    I just posted the other stuff about the tri-folds because I can see some over zealous official making an issue, twisting it around to fit promoting a "special interest group" and the rest all goes from there.

  7. #7
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    Literature

    I know election law real good since i ran For school board 3 times and NOV 2011 will make four. They cannot arrest you. You have to be at least 100 ft from the door and its normally posted with signs. If they ask you to leave then anyone handing out literature would have to leave . I learned from experience they tried to get me for what a poll worker of mine did he was 99 feet from door .

  8. #8
    Regular Member Coded-Dude's Avatar
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    you are not allowed to sway voters at the polls(at least not here in California). you cannot wear any sort of shirt, button, hat etc with any political reference on it nor hand out any sort of propaganda within a certain amount of feet of the actual polling location.
    If guns cause crime.....mine must be defective.

  9. #9
    Regular Member TheQ's Avatar
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    As long as nothing about OC/firearms is on the ballot, you're ok. (I'm a poll challenger today)
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  10. #10
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    I was handed pamphlet outside my polling place. It was endorsing 2 Lib Supreme Court justices up for election. Seems like it was trying to sway my vote. I threw it out right in front of the guy passing them out.
    Last edited by scot623; 11-02-2010 at 01:45 PM.

  11. #11
    Regular Member Coded-Dude's Avatar
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    As you head to the polls this election day, there are a few things you should remember about the voting process.

    The polls are open from 7:00 a.m. until 8:00 p.m. throughout the state of Michigan.

    You are not allowed to wear an election related clothing to the polls. In fact, pamphlets, fliers, stickers and other campaign materials are not allowed within 100 feet of the entrance to a polling place. So, if you do wear any election related material to the polls, you will be asked to remove it or cover it.

    Voters can choose to vote a "split" ticket or a "straight party" ticket. A "split" ticket means you can vote for individual candidates no matter what their party. Or, a "straight party" ticket means you can mark one oval to select all of the candidates for one
    WZZM
    If guns cause crime.....mine must be defective.

  12. #12
    Regular Member NHCGRPR45's Avatar
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    thanks everyone!
    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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