<p>In our community we are having a vote where members of the community are deciding if they want to get some work done. If they do they will pay an increase in property taxes over many years.</p>
<p>The balloting takes place over a month’s time. A couple of days before the last day to vote, it has been rumored that a couple of proponents of the measure went to city hall and asked to see the ballots that had already been cast. I’m sure they wanted to see how the vote was going and who voted yes or no. The ballots were handed over by a clerk. I’m assuming they were given back intact. </p>
<p>Is this legal?</p>
<p>Is tampering of any ballot a felony?</p>
<p>Law student, not a lawyer, but my guess:</p>
<p>I do not think there is a (federal) constitutional requirement that ballots be treated in a certain manner. I do not know if your state has one, either. </p>
<p>Congress tends to stay out of state voting; technically, states and municipalities do not even need to grant the right to vote. The big issue is that, once granted, it must be granted equally. Also, once granted, the statutes governing the voting process control - you cannot change the voting procedures half-way through an election, for example. (See Bush v. Gore.)</p>
<p>Sooo… the question is really a matter of state law. I imagine that tampering with a ballot is a felony in almost any state. I further imagine that the clerk could get into a lot of trouble; even if he handed over the ballots and counted the return ones, he has no way of knowing if they were tampered with or not. Someone over at that office probably has some duty to ensure the proper handling of the ballots. The big problem that you’ll encounter is that proving criminal acts is very tough - “beyond a reasonable doubt” standard applies. So you’ll have to prove that the campaigners tampered with the ballots, unless mere access is also a crime. Clerk might be a different story, but that doesn’t accomplish much. </p>
<p>I could be wrong, and I would love it if a real lawyer (not just a law student) would give an answer… but I think that the most appropriate remedy, if provided for under state law, is to hold another election. </p>
<p>I’ve certainly heard of people monitoring the ballot booths - one of the local parties, during elections, will stand outside of the voting area, next to the check-in desk, and check off names of committed voters. Then, around 3 pm, all those who are of the appropriate party who have not voted are called. That’s all fine - you actually aren’t touching the ballots or influencing the people. </p>
<p>Anyway… my best guess is to go for another election.</p>
<p>How would they know WHO voted what way?</p>
<p>The parcel numbers are on every ballot.</p>
<p>There are rumors that there is going to be another election. </p>
<p>It will be pretty exciting around here if the proponents got their hands on the ballots.</p>
<p>Touching ballots and even looking is morally wrong, eithically wrong, and if not illegal, should be…</p>
<p>my, what a fund place you live in</p>
<p>Having been an election judge a few times, in 2 different states, I can tell you that in BOTH, no one touched the ballots except an election judge, period! There had been cases in the past when a precinct captain would place a little piece of lead under a bandaid on his finger and ask to see the ballots and did a bit of “voting” so the law was changed. So, allowing anyone other than an election judge touch ballots before they are counted could very well be against the law. Check your state laws.</p>