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Law Enforcement & Elections

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Law Enforcement & Elections

  • The Department of Attorney General has prepared this resource to assist law enforcement. The Department wants to help address anything that may happen leading up to the election. 

    We also want to address any situations that may occur on Election Day. Our Department will have a phone line staffed by prosecutors on Election Day. This line will be for law enforcement agencies only. Law officers can call us at 517-335-0800 if they have a question or concern. We will make sure an attorney is available to assist. 

    We want to ensure that everyone is free from intimidation and harassment as they cast their ballot. Thank you for your assistance. 

    Want to know more? Access the full letter here. (PDF)
  • body worn camera to capture photos and video during law and order situations by police officers

    Body Worn Cameras

    Many law enforcement agencies use body worn cameras. Each agency has policies that explain when cameras can record and when they cannot. Cameras cannot be used in certain areas of a polling place or early voting site. Voters have a right to privacy. Officers should follow their agency's policies and avoid intentionally recording a voter while that person is casting a ballot. 

Firearms in Polling Locations

  • State law limits where firearms may be carried near polling places and early voting sites. Other laws may also limit firearms on school property, at places of worship, and at other protected locations. 

    When responding to reports of armed individuals near a voting site, officers should consider: 

    • Whether voters are afraid to enter the site.
    • Whether election officials have raised concerns.
    • Whether the person has been told that their actions may intimidate voters. 
    • Whether the person is from the area.
    • Why the person is near the voting site with a firearm. 

    Officers should use education and de-escalation whenever possible. Arrest should be used only as a last resort. 

  • Exceptions to this rule include:

    • the person has express permission from school officials or the owner of the place of worship to possess a firearm on the premises;
    • or, the person possesses a valid, concealed pistol license; and
    • no other building policy prohibits firearms possession by a concealed pistol license holder.

  • Law enforcement should also consider:

    • Has it been reported that voters are scared to enter the polling location because of the presence of armed individual(s)?
    • Has it been reported by the precinct inspector that they are concerned with the presence of armed individual(s)?
    • Has an effort been made to educate the offender by explaining that his or her behavior is intimidating some voters into forgoing their right to vote because they are scared and that is a crime under Michigan law?
    • Is the offender from the area?
    • What does the offender say his or her purpose is for standing outside the polls armed with a gun?

Protests

  • threat at polling station during election showing with unrecognizable voter with firearm

    Protests With Weapons

    Special care should be given when groups of armed people gather near a voting site. Officers should consider:  

    • The number of people involved.
    • Whether they appear to be acting in a coordinated way.
    • Their clothing and appearance.
    • How close they are to the 100-foot zone.
    • Whether they are yelling or causing disruptions.
    • How they are holding or displaying their firearms.
  • Silhouette of riot protesting crowd demonstrators with banners and flags

    Protests Without Weapons

    Michigan law prohibits campaign activity inside a polling place, inside an early voting site, and within 100 feet of the entrance. 

    Prohibited activities include: 

    • Displaying signs or materials supporting or opposing candidates or ballot proposals.
    • Talking to voters to encourage support or opposition.
    • Handing out campaign literature or write-in stickers.
    • Collecting petition signatures.
    • Asking for donations or selling tickets. 

    Vehicles displaying campaign signs or bumper stickers must also remain at least 100 feet from the entrance. 

Poll Challengers and Watchers

  • Electorate people voting in booths at election poll. Government representative making records.

    Poll Watchers and Challengers

    Poll challengers and poll watchers help ensure elections are open and transparent. They may observe the voting process, but they may not disrupt it. 

    Challengers and poll watchers may not approach voters or speak directly to them. If they become disruptive and refuse to leave after being asked, election officials may contact law enforcement. 

  • cross icon with red circle

    Challenges cannot be based on:

    • A person's clothing.
    • The person's race or ethnic background.
    • An inability to read, write, or speak English.
    • A physical or mental disability.
    • Support for or opposition to a political party or candidate.
    • A need for assistance while voting. 
  • Vector template of sample driver license plastic card for USA Michigan

    Picture ID

    A voter cannot be challenged simply because the voter does not have photo identification.

    A voter who signs the Affidavit of Voter Not in Possession of Picture ID may still vote. 

  • Hand with a hologram ballot and a box for Internet voting in a mobile phone on a blue background

    Cell phone

    Poll challengers and poll watchers may use cell phones and other devices as long as they do not interfere with the voting process.

    No one is allowed to take photographs or record video inside a polling place while voting is taking place.