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I WAS working the polling station untill about 30 min ago OC related

Glockster

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Were the officials enfocing a policy against gun carry "local" officials? If so, then sounds like a clear preemption violation.

Now that's an interesting question.

Also on my mind, they don't own that polling place. It is private property. Is there some sort of an agreement that they have in place which stipulates that the private property must comply with any of their (supposed) employment rules? Do they have legal authority under statute to impose their employment rules in a location that is private property? I can see that they would have authority to "operate" there as part of their charter, etc., but what statute grants them authority to impose any rules on property that they do not own?
 

Glockster

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I guess I should wait untill after the election to approach the other officers so as to not hinder them in their duties?

If it were me, I believe that I'd be putting together something on paper to be able to hand to them the very second that polling closes. Something that asks them politely what you need for them to do (make a statement regarding what they saw, etc. etc. etc.). Do you know if anyone working at the polling site is also a notary???
 

ProShooter

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Ok, so I did a bit of digging and here's what I found out. This is strictly for informational purposes and comes from no authority.

The State Board of Elections has nothing to do with this. Don't waste your time involving them. Your beef is with the local electoral board.

As a "paid employee" (the fee you receive for your service today) of the local electoral board, you are subject to their rules of employment, even if you don't know what those rules are. No different than someone who works for a private company that prohibits its employees from carrying.

The job of the General Registrar in relation to an election is to provide a list of qualified voters. That is it, with one exception. The GR may have "other duties as assigned by the Electoral Board" (or words to that effect). If the EB says "do what you need to do and make whatever decisions you need to make to keep order in the polling place". That may be where the GR can step in and ask you to leave.

Again, this is just from what I found out through a contact. You may want to tread lightly here as it appears on the face that they are allowed to do what they did in asking you to leave.

Don't kill the messenger! :)
 

skidmark

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IF in fact you are classified as an employee of the Board of Elections there are a few points that need to be noted:

1) As a state or local gvernment employee you would fall under the Workplace Violence Prevention Act and carrying a firearm is one of the things that act prohibits.

2) As an employee you are entitled to certain benefits and privileges, among which are the right to use the employee dispute resolution process. Doing so first should not impede your ability to later seek redress outside that venue. The state Department of Personnel Management should be contacted to assist you in immediately filing a grievance complaint for failure to inform you of your employee status and the rules you are required to follow.

3) I cannot recall exactly where it is written, but the Dept of Human Resources can give it to you. Employees must be paid. You performed work without compensation or benefits, which is either fraud or slavery, I forget which. :D

4) Yes, volunteers are required to follow the same Rules of Conduct as employees. But they are required to be informed of those rules and sign a form stating that they have been informed, have read, understand and agree to abide by the rules. It looks like at least some of those requirements were not met.

5) You are NOT an employee of nor a volunteer for the Board of Elections, as you were selected and appointed by a specific political party to perform acts in furtherance of the goals and objectives of that political party*. State employment/volunteering prohibits selection based on political party affiliation.

*Yes, seeing that the other side does not pull any fast ones to try to throw the election also helps the Board of Elections do its job, but they have their own employees and the cops to call on to achieve that. You represent the political party when at the polls.

When this is all over can we haul all the fertilizer this is generating over to Peter Nap's farm. I hear he sucks the life out of just about everything, so replenishing his soil would be a good thing. (Hey, Peter - when do I get the $5.00 you promised me if you could get your fields fertilized for free?):lol:

stay safe.
 

skidmark

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ProShooter -

Is the fee paid by the Board of Elections or by the political party? Makes a big difference.

(And by the way I did not know anybody got paid anything - always thougt it was a strictly volunteer position.)

And a question - if the person is selected/appointed by the political party, how can they be an employee/volunteer of the Board? (Yes, I've already asked that question. It bears repeating.)

stay safe.
 

ProShooter

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ProShooter -

Is the fee paid by the Board of Elections or by the political party? Makes a big difference.

I think they're paid by the locality. Not the State Board of Elections or a political party.

(And by the way I did not know anybody got paid anything - always thougt it was a strictly volunteer position.)

Yes, paid. Something like $100 -$150 for the day

And a question - if the person is selected/appointed by the political party, how can they be an employee/volunteer of the Board? (Yes, I've already asked that question. It bears repeating.)

Again, I think that they are not selected by a party but are selected by the local board for employment and the board chooses people who are affiliated with a particular party to ensure fairness. That is why you have to indicate your party affiliation.
 
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peter nap

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Never. If he gives you the $5, then his fields didn't get fertilized for free, and you didn't earn it:monkey

Roscoe

It's all under the table Roscoe.:eek:
What I'm wondering is where he's gonna find these friends.
 
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Glockster

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Lucky you aren't in Texas. It's illegal to have a firearm at a polling place

At the risk of incurring some wrath (so please note that the following is said in jest only)....I can think of many reasons that I'm lucky that I'm not in Texas, and that would be one of them. But to be fair, I couldn't carry to my polling place either as it is a school.
 

peter nap

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and I fear that's a' coming down the pipe here.

I think it already has Jim!
Fortune-teller.jpg
 

Glockster

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Dec 24, 2010
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Houston
The State Board of Elections has a guidance document on Officers of Election that may be a useful reference here.


This is interesting (a link from the above):
§ 24.2-122. Status of members of electoral boards, registrars, and officers of election.

Members of electoral boards, registrars, and officers of election shall serve the Commonwealth and its localities in administering the election laws. They shall be deemed to be employees of the county or city in which they serve except as otherwise specifically provided by state law.

Assistant registrars who agree to serve without pay are not state or local employees for any purpose.
(emphasis mine)
 

thebigsd

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I think they're paid by the locality. Not the State Board of Elections or a political party.



Yes, paid. Something like $100 -$150 for the day



Again, I think that they are not selected by a party but are selected by the local board for employment and the board chooses people who are affiliated with a particular party to ensure fairness. That is why you have to indicate your party affiliation.

Yes, all of these are correct.
 

thebigsd

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So the locality is paying you to represent a party? That doesn't seem right.

They are paying you to impartially represent a parties interests. You don't push one party or the other.

With all this discussion about employees and who's paying who and such, it sounds like we really do need User to chime in.
 
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