New Bexley law offers more protection to poll workers
Just in time for Election Day on Nov. 8, poll workers in Bexley will be afforded protection against harassment under terms of a new city law.
The ordinance bans anyone from engaging in abusive conduct or encouraging others to behave “with the intent to threaten, intimidate, menace, coerce, abuse, or harass … election officials or voting location managers] regarding or in connection with such persons’ duties or responsibilities regarding any past, current or future general, primary, or special election.”
City Council approved the legislation by a 7-0 vote Oct. 25.
Sam Marcellino, chair of council’s safety and health committee, introduced ordinance and said it’s designed to prevent the kinds of poll worker harassment that have taken place around the country.
“Several other (central Ohio) communities have similar ordinances that are in effect at this point,” Marcellino said. “I think there were six cases of (poll worker harassment) on the western side of our country within the past week or so. Arizona and Texas had some issues with people sitting around with guns outside ballot drop boxes.”
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The ordinance is designed to build on existing federal laws and strengthen the enforcement capabilities of Bexley police officers who may encounter poll worker harassment, Marcellino said.
“I understand that there are federal laws that prevent some of this, but the same type of person who would sit outside a ballot box with a gun is the same type of person to try and give, perhaps, our police some issues in regard to constitutional rights,” he said. “I’d rather give (police) some extra teeth with a local ordinance to strengthen those protections for our poll workers, ballot boxes, (and) make sure everybody feels safe voting this November. And I know we have a lot of our community members that will be serving as poll workers.”
The legislation bans anyone other than a person about to vote from standing or loitering, influencing or attempting to influence a voter within 100 feet of a voting place during the hours when polls are open. It also bans anyone from hindering or interfering with an election official in the execution of his or her duties. Offenders can be charged with a first-degree misdemeanor.
Bexley City Attorney Marc Fishel said the ordinance adds a local penalty on top of any penalty that the state of Ohio enforces. The Ohio Revised Code says those who are convicted of harassing poll workers will receive a mandatory prison term of three days, which can’t be suspended.
The local penalties outlined in the new ordinance also include a potential fine associated with a first-degree misdemeanor, Fishel said. The amount “would default to the penalties from the various misdemeanors that might apply in our code,” he said.
The ordinance went into effect immediately after being signed into law by Mayor Ben Kessler, waiving the typical 30-day period delay after council passes legislation. Fishel said the legislation contained an emergency clause so it could be in effect by Election Day.
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This article originally appeared on ThisWeek: New Bexley law offers more protection to poll workers
