In Michigan, there are two types of observers allowed to be present during election processes: challengers and poll watchers. Both types of observers may be present at polling places, early voting sites, and absent voter ballot processing facilities. Challengers may issue challenges to the eligibility of voters to cast ballots and to election processes undertaken by election inspectors. Poll watchers may observe election processes but may not issue challenges.
Political parties, incorporated organizations, and organized committees of citizens interested in the outcome of a ballot question or in “preserving the purity of elections and in guarding against the abuse of the elective franchise” may appoint challengers to observe the electoral process. Mich. Comp. Laws Serv. § 168.730(1); “Election Day EOM” at 24*.* A challenger must be a registered voter in Michigan and may not be a candidate in the election. Mich. Comp. Laws Serv. § 168.730(2).
Between 20 and 30 days before an election, a political party, an incorporated organization, or an organized committee of citizens must file a statement with the City, Township, or County Clerk requesting to appoint challengers and explaining the basis for the request. Mich. Comp. Laws Serv. § 168.731(1). The Clerk may deny the request if sufficient information is not provided in the statement. Mich. Comp. Laws Serv. § 168.731(1). Michigan law makes it a felony to file such a statement if a person is not authorized to appoint challengers and, for Clerks, to knowingly fail to perform the Clerk’s duties regarding the appointment of challengers. Mich. Comp. Laws Serv. § 168.731(4).
Challengers are allowed to be present at polling places, early vote sites, and at Absent Voter Counting Boards. Mich. Comp. Laws Serv. § 168.733(1), (2); “Challengers and Poll Watchers” at 7. Challengers may remain during the canvass of votes and until the statement of returns is signed. Mich. Comp. Laws Serv. § 168.733(1). Challengers may examine (without handling) each ballot as it is counted and observe the recording of absent voter ballots on voting machines. Mich. Comp. Laws Serv. § 168.733(1). Michigan law provides for criminal penalties if an election officer or board prevents the presence of an approved challenger. Mich. Comp. Laws Serv. § 168.734.
Only two challengers from any single organization or committee may be present at each precinct. Mich. Comp. Laws Serv. § 168.730(1); “Election Day EOM” at 27*.* A polling place may contain multiple precincts, and in that case, each precinct within the polling place may be designated two challengers. “Election Day EOM” at 27*.* During the pre-processing and tabulation of absent voter ballots before Election Day, an organization or committee can designate one challenger to be present for every eight election inspectors serving at an Absent Voter Counting Board. Mich. Comp. Laws Serv. § 168.765a(14). Michigan law does not expressly state how many challengers may be present at an Absent Voter Counting Board on Election Day. “Challengers and Poll Watchers” at 8. To determine this number, Clerks must “balance the rights of challengers to meaningfully observe the absent voter ballot counting process and the clerk’s responsibility to ensure safety and maintain orderly movement within the facility.” “Challengers and Poll Watchers” at 8.
At polling places, challengers may challenge a voter’s eligibility to vote if the challenger has a “good reason” to believe the person is not eligible based on residency, age, or citizenship. “Election Day EOM” at 28-29. The challenger must explain the basis for the challenge. “Election Day EOM” at 29*.* Challengers may only communicate with the election inspector at the polling place or counting board who has been assigned as challenger liaison. “Election Day EOM” at 27*.* Challengers are forbidden from threatening or intimidating voters. Mich. Comp. Laws Serv. § 168.733(4). An election inspector may eject a challenger who fails to follow instructions, disrupts order, or threatens or intimidates a voter. “Challengers and Poll Watchers” at 25.
Challengers may also challenge the voting process – for example, the way that election inspectors are operating a polling place or processing absent voter ballots at an Absent Voter Counting Board. “Election Day EOM” at 32. To make such a challenge, the challenger must state the specific process the challenger believes is improper and the basis for that belief. “Election Day EOM” at 32. The challenger’s explanation must include what the challenger believes is the proper way to execute the process at issue. “Election Day EOM” at 32. The election inspector who serves as the challenger liaison determines whether the challenge is accepted and whether remedial action is necessary to correct the error. “Election Day EOM” at 32. The liaison must record in the pollbook any permissible challenges made. “Election Day EOM” at 32.
In addition, challenges may be present at Absent Voter Counting Boards. “Challengers and Poll Watchers” at 7, 17. Challengers may challenge processes used at the facility but may not challenge voter eligibility as eligibility is verified by the local Clerk prior to absent voter ballot processing. “Challengers and Poll Watchers” at 17.
Members of the public who are not credentialed challengers may also observe election processes as “poll watchers.” “Election Day EOM” at 36*.* Unlike challengers, poll watchers may be any member of the public and need not be registered to vote in Michigan. “Election Day EOM” at 36. **Like challengers, poll watchers may not be candidates for elective office in the election. “Election Day EOM” at 36.
Poll watchers are allowed to be present at polling places, early voting sites, and Absent Voter Counting Boards. “Challengers and Poll Watchers” at 23*.* Poll watchers are not limited in number per location (unlike challengers), but the total number of poll watchers may not be so great that it disrupts the election process. “Challengers and Poll Watchers” at 23*.* Poll watchers are subject to the same restrictions as challengers — they may not interact with voters and may only speak with the election inspector designated as the liaison with challengers. “Challengers and Poll Watchers” at 24*.* An election inspector may remove a poll watcher who fails to follow instructions, disrupts order, or threatens or intimidates a voter. “Challengers and Poll Watchers” at 24*.* Poll watchers may not issue challenges. “Election Day EOM” at 37.