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Firearm Prevents Police Officer From Casting Vote

Maine CWP Training

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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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buzzsaw

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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.
 

ep0k

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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.
 

aadvark

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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?
 

aadvark

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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).
 

Grapeshot

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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?

I have heard that the Maine Attorney General had issued an opinion on this exact thing, but have not located it.

Anybody?
 

Maine CWP Training

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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.
 

ep0k

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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.
 

Grapeshot

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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.

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.
icon14.png
 

ep0k

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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.
icon14.png

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 shitty search engine maine.gov uses on the legislative site, or arcane wording in the legislation that makes it hard to find.
 

Maine CWP Training

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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**.
 

Maine CWP Training

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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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aadvark

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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:

oldbanger

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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?
 

protias

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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?
If he wasn't, then he would be. Wouldn't that officer then be asked to leave? :confused: :rolleyes:
 

TFred

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§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!!!"

:banghead:

TFred
 
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