What does it mean to challenge a voter's eligibility, and who can do it? (2020)
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What does it mean to challenge a voter's eligibility?
Broadly speaking, when an individual (e.g., election worker, poll watcher, etc.) challenges a voter, the challenger is questioning the eligibility of the voter to cast a ballot in an election. Challenges can be lodged against voters in both in-person and absentee/mail-in voting settings.[1]
Why might someone challenge a voter's eligibility?
An individual can challenge a voter if he or she suspects that the voter is not qualified to vote. Specific voter qualifications vary from state to state, but every state requires an individual to be a U.S. citizen, a state resident, and 18 years or older in order to vote.[1]
Who can challenge a voter's eligibility?
All but four states (Oklahoma, Oregon, Texas, and Washington) provide a way for individuals to challenge the qualifications of a voter on Election Day. The classes of individuals qualified to make challenges vary from state to state. The table below breaks down the state-by-state criteria for challenging a voter. For the purposes of this table, an election official is an election administrator or poll worker. A poll watcher is an individual authorized under state law to observe activities at a polling place, usually as the representative of a political party.[1]
| Who can challenge a voter's eligibility? | ||
|---|---|---|
| State | Who can challenge a voter's eligibility? | Citation |
| Alabama | Election officials | Alabama Code 17-10-2 |
| Alaska | Any eligible voter | Alaska Stat. § 15-15-210 |
| Arizona | Any eligible voter | Ariz. Rev. Stat. § 16-591 |
| Arkansas | Election officials and poll watchers | Ark. Code Ann. § 7-5-312 |
| California | Election officials | California Elections Code Ann. § 14240 |
| Colorado | Any eligible voter | Colo. Rev. Stat. § 1-9-201 |
| Connecticut | Election officials | Conn. Gen. Stat. § 9-232 |
| Delaware | Election officials and poll watchers | Del. Code Ann. tit. 15, § 4934 |
| Florida | Any eligible voter | Fla. Stat. § 101.111 |
| Georgia | Any eligible voter | Ga. Code Ann. § 21-2-230 |
| Hawaii | Any eligible voter | Haw. Rev. Stat. § 11-25 |
| Idaho | Any eligible voter | Idaho Code § 34-431 |
| Illinois | Any eligible voter | Illinois Guide for Pollwatchers |
| Indiana | Election officials and poll watchers | Indiana Election Day Handbook |
| Iowa | Any eligible voter | Iowa Code §49.79 |
| Kansas | Election officials | Kan. Stat. Ann. § 25-414 |
| Kentucky | Election officials and poll watchers | Ky. Rev. Stat. Ann. § 117.315 |
| Louisiana | Any eligible voter | Louisiana Rev. Statutes § 18:565 |
| Maine | Any eligible voter | 21-A Me. Rev. Stat. Ann. § 673 |
| Maryland | Any eligible voter | Md. Ann. Code Art. 33, § 10-311 |
| Massachusetts | Any eligible voter | Massachusetts Secretary of State Election Day Legal Summary |
| Michigan | Election officials and poll watchers | Mich. Comp. Laws § 168.730 |
| Minnesota | Any eligible voter | Minn. Stat. § 204C.12 |
| Mississippi | Any eligible voter | Miss. Code. Ann. § 23-15-571 |
| Missouri | Any eligible voter | Mo. Rev. Stat. § 15-115.429.1 |
| Montana | Any eligible voter | Mont. Code. Ann. § 13-13-301 |
| Nebraska | Any eligible voter | Neb. Rev. Stat. § 32-926 |
| Nevada | Any eligible voter | Nev. Rev. Stat. § 293.303 |
| New Hampshire | Any eligible voter | N.H. Rev. Stat. Ann. § 659. 27 |
| New Jersey | Election officials and poll watchers | N.J. Stat. Ann. § 19:15-18 |
| New Mexico | Election officials and poll watchers | N.M. Stat. Ann. § 1-2-20 |
| New York | Any eligible voter | N.Y. Election Law § 8-502 |
| North Carolina | Any eligible voter | N.C. Gen. Stat. § 163‑87 |
| North Dakota | Election officials | N.D. Cent. Code § 16.1-05-06 |
| Ohio | Election officials | Ohio Rev. Code Ann. § 3505.20 |
| Oklahoma | N/A | |
| Oregon | N/A | |
| Pennsylvania | Any eligible voter | Pa. Consol. Stat. Ann. § 3050 |
| Rhode Island | Election officials and poll watchers | R.I. Gen. Laws § 17-19-22 |
| South Carolina | Any eligible voter | S.C. Code Ann. § 7-13-810 |
| South Dakota | Any eligible voter | S.D. Codified Laws § 12-18-10 |
| Tennessee | Any eligible voter | Tenn. Code. Ann. § 2-7-123 |
| Texas | N/A | |
| Utah | Any eligible voter | Utah Code Ann. § 20A-3-202.5 |
| Vermont | Election officials and poll watchers | Vt. Stat. Ann. tit. 17, § 2564 |
| Virginia | Any eligible voter | Va. Code Ann. § 24.2-651 |
| Washington | N/A | |
| West Virginia | Election officials | W. Va. Code § 3-1-41 |
| Wisconsin | Any eligible voter | Wis. Stat. § 6.92, 6.925 |
| Wyoming | Election officials | Wyo. Stat. Ann. § 22-15-108 |
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See also
Related articles
- National Association of Secretaries of State, "Individuals Authorized to Challenge a Voter's Eligibility on Election Day," accessed October 27, 2020
- National Conference of State Legislatures, "Poll Watchers and Challengers," October 1, 2020
Footnotes