Guns in Pa. polls? What can poll watchers do? Info for voters ahead of Election Day

The spread of disinformation and conspiracy theories about U.S. elections since 2020 has spawned a movement of people intent on exposing the fraud they are convinced runs rampant in the voting process, especially in swing states like Pennsylvania.

This year, Republicans nationwide are making a concerted push to deploy poll workers and lawyers in battleground states, keeping an eye out for “election integrity," USA TODAY has reported. In Pennsylvania, one election denial group is paying people to act as poll watchers in Pittsburgh precincts.

Firearms have figured in other efforts to monitor elections, with armed and masked individuals hovering near Arizona drop boxes during the 2022 midterms. In Erie County four years ago, there were reports that an open-carry group might show up to polling places and local officials prohibited people not voting from carrying guns at the balloting sites.

Some of these tactics have left voters feeling unsettled or even frightened. So while officials say they welcome public observation of election processes, they’re also educating people to identify and report instances when activism crosses into voter intimidation.

Voter guide: Meet the candidates in key races in Pennsylvania

Kathy Boockvar, the commonwealth’s former secretary of state, said not all voter intimidation is dramatic or violent; it might be as simple as using a phone to record someone casting a ballot.

“It doesn’t just have to be somebody literally pulling out a gun,” she said. “It could be somebody pulling out a camera, which is intimidating.”

What counts as voter intimidation in Pennsylvania?

Under Pennsylvania law, it’s illegal to intimidate or coerce someone to vote, refrain from voting or vote in a certain way.

The state department says this conduct can take many forms. It could look like someone blocking access to a polling place or demanding documentation from a voter. It could include threatening or harassing behavior around a polling place. Spreading false information about polling hours or voter eligibility could constitute intimidation.

Pennsylvania Secretary of State Al Schmidt said that, in his experience, most problems happen around voting locations on Election Day, adding that it's important to distinguish normal electioneering from harassment.

“There’s a difference between advocating for your preferred candidate outside of a polling place and intimidating voters,” he said.

While the rules are relatively clear inside polling places, they're a little murkier for illegal voter intimidation around ballot drop boxes, which are generally located in open, public settings, Boockvar said.

However, Montgomery and Chester counties have released guidance saying observers cannot stand within 10 feet of a drop box and should not confront voters who come to deposit their ballots.

What are Pa. poll watchers allowed and not allowed to do?

Candidates and political parties can station poll watchers in each polling place to observe the activity throughout the day and examine lists of voters. They are barred from any electioneering inside the polling place, meaning they can’t hand out campaign flyers or pamphlets or encourage people to vote for their preferred candidate.

They’re not permitted to question voters, photograph or record them or demand documentation, according to the state department.

Poll watchers are able to challenge a voter’s eligibility to cast a ballot, but only on the limited grounds of identity or residency inside the district.

Those challenges have to be lodged directly with the judge of elections at the polling place and must be made in good faith, Boockvar said. For instance, a poll watcher could challenge someone’s eligibility if he or she knew for a fact the individual had moved out of the neighborhood or was impersonating another voter, according to Boockvar.

But the state prohibits poll watchers from submitting challenges simply based on a voter’s ethnicity, language or national origin or other characteristics.

If someone challenges your right to vote, you can still cast a provisional ballot. You could also choose to vote normally by signing an affidavit and bringing forward a witness — who’s also a registered voter in your precinct — to vouch for you.

Are people allowed to carry guns at the polls in Pennsylvania?

Yes, Pennsylvania generally allows lawful gun owners to bring firearms into polling places.

But there’s a qualification: The law bars firearms inside schools and courthouses, sites that often host polling locations. Even there, lawyers say there are legal defenses against bringing a weapon into a school in certain cases.

The Keystone State’s laws also restrict police officers from standing within 100 feet of a voting site unless they’re personally casting a ballot or election workers have called them for help.

More: Erie County sets rules for guns at polling places on Tuesday amid intimidation concerns

Rep. Tim Brennan, a Bucks County Democrat, has sponsored state-level legislation to keep guns away from polling places entirely.

Brennan said he owns a gun and tried to consider people who carry firearms when drafting the bill. The legislation would allow these voters to leave their gun inside a car when heading into the polling place. However, after seeing the “wall of threats” leveled against election workers in 2020, he’s convinced firearms don’t belong inside the polls themselves.

“There’s just no rationale except intimidation to be bringing your gun into an American polling place,” Brennan said.

What should I do in Pennsylvania if I’m experiencing voter intimidation?

Anyone who is in immediate danger should call 911.

Otherwise, Pennsylvanians who face intimidation while voting can report it to the judge of elections at their polling place or share the information with their county district attorneys and local elections office, according to state officials.

Voters can also contact the state department by calling its hotline, 1-877-VOTESPA.

People found guilty of voter intimidation could face up to two years in prison and a $5,000 fine under Pennsylvania law. Trying to deprive someone of the right to vote is punishable by up to five years in prison and a $5,000 fine under federal law.

Boockvar said people should flag aggressive or harassing behavior even if they’re not sure it amounts to voter intimidation under the law. Elections officials and law enforcement authorities need that information to identify patterns of intimidation and possibly investigate them, she said.

“It’s really important to report these things, both for your own safety, as well as the security of the overall election process,” she said.

Bethany Rodgers is a USA TODAY Network Pennsylvania capital bureau investigative journalist.

This article originally appeared on Erie Times-News: How to spot voter intimidation in PA elections