BOARD OF ELECTIONS MEETING

December 5, 2018 1:30 P.M. Courthouse 2nd Floor Commissioners Hearing Room Carlisle, PA

Present: Commissioner Vince DiFilippo, Commissioner Jim Hertzler, Commissioner Eichelberger joined via polycom; Chief Clerk Sandy Moyle; Bethany Salzarulo, Bureau of Elections; Jennifer Hipp, Assistant Solicitor; Mark Adams, IMTO; Samantha Krepps, Communications; Michelle Rhone, Recording Secretary.

Call to Order: Commissioner DiFilippo called the meeting to order.

Roll Call: Commissioner DiFilippo, Commissioner Hertzler, Commissioner Eichelberger.

Public Comment: None

Approval of Minutes: Commissioner Hertzler made a motion to approve the minutes from November 20, 2018. Commissioner Eichelberger seconded the motion and it unanimously carried

Discussion of Electronic Devices: Regulations regarding electronic devices have been in place since 2007. Poll workers have suggested that they be allowed to use electronic devices during slow times. Poll watchers have also requested that they too be allowed to use electronic tablets to keep track of who is coming into the polling location to vote rather than using a paper list to check off. Bethany stated it may be time to address this issue again to see if the Board would like any changes be made. Commissioner DiFilippo asked Bethany if she is ok with poll workers having a cell phone. Bethany expressed she would be ok with that, provided there are rules in stipulations in place. Commissioner Hertzler questioned Bureau of Elections, voters allowed to take electronic devices into polling location taking “selfies”? Jennifer Hipp stated the Attorney General in 2017 put out a publication in 2017 stating ballot selfies are ok in the Attorney General’s opinion. Department of State; it is a guideline, not a directive. Commissioner Hertzler expressed concern regarding the use of cell phones while standing in line to vote, inside the polling place, or at the polling station; it provides the opportunity for someone to question who they should vote for. Commissioner Hertzler is ok with poll workers, people who are paid, have access to their devices during down times. More concerned with poll watchers and electronic devices, will be unable to pinpoint if there are any photos or videos taken within a polling location. Chief Clerk Sandy Moyle expressed it would be ok for the poll workers to have electronic devices if there are stipulations in place, not a good thing for poll watchers since they can travel to various locations in the County on Election Day. Commissioner Eichelberger is ok with granting access to poll workers

during down times.

Discussion on Electioneering in the Polling Place: Discrepancies as far as what electioneering means: Passive Electioneering: wearing a t-shirt, a hat, a button. Active Electioneering: involves someone going to a polling location, and stating “look at my candidate, vote for my candidate, etc.” Bureau of Elections have taken a stand that no electioneering is allowed in any polling place. Bureau of Elections office have received many phone calls from individuals who are upset due to being unable to wear political apparel in the polling place. Jennifer Hipp stated there is no specific regulation. Only regulation that the Board of Elections has enacted is the one previously discussed; Electronic Devices, cell phones in the polling place. Position taken; Elections code prohibits the posting up of any signs or anything in the polling place other than those postings that are specifically authorized by the Elections Code. The wearing of t-shirt, hat, etc. takes the position that is the posting in the polling place, a prohibited posting. No case law whatsoever in Pennsylvania. No case law that defines clearly what is passive vs. active electioneering. Other states have more specific laws governing the wearing of political apparel within the polling place, or within specified distances of the polling place. The guidelines the Department of State release prior to every election, the State allows/suggests that passive electioneering is ok. 11 counties, who have responded back to Bethany, allow passive electioneering: allow voters only. No poll workers or poll watchers are permitted. Greatest challenge in Pennsylvania with doing something on a local level with specific regulation, the election code is unhelpful. Commissioner Hertzler questioned any regulations regarding firearms in the polling place, depends on where the polling place is. Many polling places are private places, churches who volunteer their space; those places are able to set their own policy in terms of whether firearms or permitted. Each fire company is able to set their own policy. Pennsylvania is an open carry state. Commissioner Hertzler also questioned the 10 foot from the door rule; 10 feet from the polling place. Polling place in the room the building where the voting machines are set up. Bureau of Elections tell the Judge of Elections when enforcing the 10 foot provision, that part of election code, that prohibits anyone else from hindering someone’s access to the polling place, provision of the code, supersedes the 10 foot from the polling place, or 10 foot to the door where the machines are located.

Other Business: None

Adjourn: There being no further business to come before the Board, Commissioner Hertzler made a motion to adjourn.

Respectfully Submitted,

Michelle Rhone Administrative Assistant