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October 16, 2024

Lawyering in Elections How to Get Involved

By George Thurlow, Esquire

The PDF (including endnotes and footnotes) in which this article appears can be found here.

As the Presidential Election approaches, there are lots of ways for lawyers of all ages and experience levels to contribute their skills and talents to ensure that our electoral system operates with integrity and to aid their preferred candidates and causes.

The first way—which is purely non-partisan—is to be a poll worker. Poll workers are the people who staff voting locations during early voting and typically all day on Election Day. They are typically paid a modest stipend for their time and services. What poll workers do —in basic terms--is follow the rules in terms of allowing (or not allowing) individuals to vote and operating elections equipment. I was a poll worker for my first election when I was eighteen (18) years old living in New Jersey. I lived in a predominantly Republican town, but the County Clerk ensured that every location was staffed with both registered Republicans and Democrats and made sure each were involved in critical tasks. It was a fourteen hour work day in what was a low turnout, largely uncontested primary, but I got to play a role in our democracy functioning. Since the onset of the COVID-19 pandemic and the fact that many poll workers are retirees, many communities have been in need of poll workers. There is no requirement that poll workers be attorneys.

Another way to get involved is being a poll watcher. Poll watchers are typically affiliated with either a candidate or political party. I have been a poll watcher for my political party or for candidates during Early Voting and on Election Day in a number of elections. This is a volunteer role. Poll workers typically work inside of polling locations making sure that poll workers are following the rules and procedures they are supposed to be following, and to make sure that no voter intimidation is taking place (such as the open carry of a firearm into a polling location, which I did see happen). Poll watchers generally make notes as to how long the lines are and when and if voters are turned away. While attorneys are often preferred as poll watchers, there is usually no requirement that poll watchers be attorneys.

There are other tasks related to being a poll watcher, which also involve auditing elections staff to make sure they follow the rules. Where I live in Florida, I have attended sessions (on behalf of a candidate or political party) to audit the signatures on returned vote-by-mail ballots and to observe the counting of vote-by-mail ballots during Canvassing Board meetings. In many ways, these sessions have been restorative in my faith in our elections system as the high level of professionalism of our elections staff is on display and generally speaking, both Democratic and Republican attendees are in agreement regarding the high level of integrity of the process. However, I have also observed occasions where elections staff has been able to correct misconceptions certain people have about things like vote-by-mail ballots and one occasion where observers attending on behalf of a fringe candidate (one who was running from jail after attending the Insurrection) were attempting to copy confidential voter data—an effort which was dealt with swiftly by the elections staff (and for full disclosure, my county has a Republican Supervisor of Elections).

A final area—which I have only recently begun to participate in—is elections litigation. As litigation is currently pending, I cannot discuss much except that I currently represent a county-level political party in litigation filed against it by a former candidate for Congress. In these cases, both political parties and candidates have needed to retain counsel to advance their positions, and often have limited ability to pay legal fees. This perhaps is the most interesting, albeit most time consuming, elections-related legal work that I have done but it also helps protect our constitutional rights to speech and free and fair elections. In Florida, this kind of litigation has become particularly prevalent.

As a lawyer, I feel that voting and participating in our political system is particularly critical to our profession. Therefore, I urge you to get involved in some or all of these efforts.

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