From: Farrell, David
Sent: Tuesday, March 04, 2008 10:01:04 AM
To: BOE Contacts; All Counties
Cc: Field Staff; Elections Attorneys; Elections
Subject: Sen. Obama "Poll Monitor" Letter Info
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Dear Boards of Elections Directors, Deputy Directors, and Members:
Attached is a copy of a letter being presented by Sen. Obama supporters to election officials at polling locations.
Our office's legal interpretation is that this letter is not legally sufficient on its own to allow someone to gain access to polling places.
To be allowed access to a polling location an observer must be duly appointed as an official observer and have an official observer certificate issued pursuant to R.C. 3505.21, which in part states:
“Observers appointed to a precinct may file their certificates of appointment with the presiding judge of the precinct at the meeting on the evening prior to the election, or with the presiding judge of the precinct on the day of the election.” Someone who wants to observe may present the attached letter in addition to the official observer certificate,
but they must have the official observer certificate to legally gain entry.
Please refer to SOS Directive #2008-29 (Rights And Limitations on Election Observers) for more detailed information.
If you have additional questions, please contact a member of the SOS Election Legal Counsel staff at (614) 466-2585.
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