Home Election protection: What educators need to know

Election protection: What educators need to know

Share on

Election Day is approaching fast. As candidates deliver their final pitches to voters and early voting begins, we’ve created a refresher on Minnesota election law so that you are prepared to exercise your right to vote and help others in your community exercise theirs.

Early voting

Early in-person voting in Minnesota began on Sep. 18. If you are registered to vote, you are eligible to vote early. If you haven’t already registered to vote, you can do that the day you vote by showing proof of residence. All counties have at least one early voting site, but many have multiple sites throughout the county, especially in larger cities. You can find your county’s early voting location(s) www.mnvotes.gov. Early voting locations must be open the last Saturday before Election Day (10 a.m.-3 p.m.) and the day before Election Day until 5 p.m.

Voting by mail remains a safe and secure way to vote. On Sep. 14, the U.S. Supreme Court upheld a lower court decision striking down efforts by the Trump Administration to restrict mail-in voting. You can apply for a mail ballot now at www.mnvotes.org/absentee, and your ballot will be mailed to you as soon as it is available from your county elections office.

Reasonable time off to vote

Minnesota law requires all employers to provide employees who are eligible to vote reasonable time off, with pay, to vote on either the day of the election or during the early voting period, which began on Sep. 18. Employers cannot require employees to use vacation or other personal leave in order to be paid, but they can require employees to inform them in advance of when they will be absent as well as the reason. Interference with this right may carry criminal penalties. If an employer denies your request, contact your union representative for assistance.

Rules for polling places

Minnesota law limits who can be present at polling places to duly appointed election judges, voters, members of the media, and one party-appointed challenger from each political party. A challenger must be a resident of Minnesota and may only challenge a voter’s eligibility based on personal knowledge that the individual is not an eligible voter. Eligibility issues are resolved by the election judge. The only person who may appoint a sergeant-at-arms or summon a Minnesota peace officer to keep order at a polling place is an election judge. All other individuals must remain at least 100 feet away from the building where voting is taking place, with the exception of members of the media conducting anonymous exit polling of individuals leaving a polling place after voting.

Damaging or removing election materials is a gross misdemeanor, and the unauthorized removal of election registers, as well as damaging ballots, voter files, or election registers is a felony. If you witness these activities while you are voting, immediately notify an election judge. You may also report the incident to a non-partisan voter protection line at 1-800-OUR-VOTE.

Federal agents at polling places

Minnesota law does not explicitly authorize federal law enforcement within polling places. The head of the U.S. Department of Justice’s Civil Rights Division has announced that the DOJ will be sending election monitors to certain locations, including in Minnesota. This is legally permitted as long as the monitors do not interfere with voting and abide by the 100-foot rule, unless otherwise authorized by county election officials.

The Department of Homeland Security has neither confirmed nor denied plans to send ICE or other immigration enforcement agents to polling places, although Secretary Mullin has stated they will go to polling places if there is a threat or if necessary to serve a warrant.

Numerous voter protection organizations, both in Minnesota and nationwide, are prepared to intervene in the event of voter intimidation by federal agents. The goal of these organizations is not to impede law enforcement, but to ensure that every eligible voter is able to cast their ballot. If you witness intimidating behavior outside of polling places by anyone, including federal monitors or officers, you may safely and anonymously report the incident to a non-partisan voter protection hotline at 1-800-OUR-VOTE.

Schools as polling places

Minnesota law allows public elementary and secondary schools, among other locations, to be used as polling places on election day, provided the use is authorized by a school board. Schools are also allowed to hold classes during regular hours at sites where voting occurs, but school boards and other governmental entities may not hold meetings between 6 p.m. and 8 p.m. on election day, and schools may not hold school sponsored events during these hours.

The possibility of a federal presence at schools that also serve as polling places may be unnerving to students, families and staff. If you work at a school that is also a polling place, discuss any concerns with your administration and request that they share plans for notifying staff and families should federal officers appear on or near school grounds.

Getting involved

The best way for members to protect the right to vote is to participate in the democratic process by voting themselves and encouraging colleagues to vote. You can learn more about Education Minnesota’s endorsed candidates and get-out-the-vote opportunities at www.edmnvotes.org.