Inconsistency and Intimidation

My voting experience today was not good to say the least.

I will begin by saying that the polling place stated on my voter’s registration card had been moved to another location. I had not received notice of such, but luckily, I had passed the new location on my way there, and put 2+2 together to realize it was the place where I should try next. Once I arrived at the new location, parking was a mess, but I was lucky enough to find somebody leaving, so I secured a real parking place. When I entered the building, there was a desk and a very long line — the length of the entire gym. There was no signage instructing you where to go or what to do. I walked to the end of the long line, and some of the people waiting told me that I needed to go back up front and sign in.

So, I walked back up front. The gym was poorly lit. There were small hand-written signs taped to the table with A-D, E-L, and so on, but none of us newcomers could see the signs because people in the front of the line were standing in front of them. Needless to say, there was a lot of confusion, with people asking which line they were supposed to be in.

After about 15 minutes in that line, I signed in and got my slip to take to the polling worker when it was my turn to vote. As I again walked the length of the gym to the back of the long line, I turned on my cell phone and videotaped myself walking the length of the line.

I should interject here that earlier I had seen a tweet by a WKRN producer on Twitter:

nitweet Send video from your cell phone of lines at the polls today to pix@wkrn.com and we may use it on the air – add your name and location.

As I got to the end of the line, a couple of people were laughing and one said, “I’ll bet you are going to send that video to channel 4, aren’t you?” I laughed and said, “Actually, channel 2. Why, is channel 4 asking for video of the voting lines, too?” They said, “Yeah.” and laughed again about it.

As we were waiting, we were talking about how we should call the media and the election commission about the poor conditions of this polling place.

See, there were 4 standard voting machines, and 1 lowered machine for the handicapped. There was ONE POLLING WORKER to reset the machine for each voter.

I decided to take another shot of the long line, stepped out, held up my phone and did so.

Suddenly, two men came up to me, one man had on a “crossing guard” vest over a Rutherford County Sheriff’s Department shirt. He proceeded to raise his voice at me and tell me that it was against the law for me to have a cell phone in the building, and I had no right to take any pictures. I said, “I’m sorry, I didn’t see any signs stating that I couldn’t, and I wanted to get some pictures of the long voting line.” That wasn’t good enough, and he moved toward me, reached his hand to me, and said that he wanted me to give him my cell phone right then. I told him that I would most certainly NOT be giving him my cell phone, and that he didn’t have to speak to me in that tone. The person in the line behind me spoke up and said, “Is there a sign somewhere that says you can’t have cell phones?” He argued back with her, and said he wanted my phone to make sure I deleted my pictures. I told him that I would take care of my own cell phone, and that was the end of the conversation. I sent a message via Twitter that I had been yelled at and asked if anybody knew if there was a law against cell phones in the polling place. I put my phone away.

We saw one of the poll workers go post a sign up on the wall, but I was unable to see what it said.

After waiting another 45 minutes in the line, we were about 5 people back from being at the front. We were all in good spirits and having a good time chatting. Unbelievably, the man in the crossing guard vest came back in with a La Vergne police officer and started in on me again about my having my cell phone, and wanted me to give it to him.

At that point, I’d had enough. I said, “Sir, you have already very rudely informed me that you didn’t like that I had taken a picture. I put my phone away. That was almost an hour ago.” The lady beside me spoke up and said, “She hasn’t done anything wrong!” He said that he was going to report me. I said, “Sir, you have crossed the line with me into harassment. I don’t know what right you think you have to berate me over and over again about an innocent mistake.” He said, “Fine, you want my supervisor’s name? I’ll give it to you.” I said, “Yes, I want it.” He said, “I’ll give it to you when you step outside.” I said, “Absolutely not! I am going to tell you right now in front of this police officer that you are harassing me. I don’t want you near me, I do not want you to speak to me. Now, this conversation is over. Go away!” The police officer told the crossing guard to leave and he told me not to worry and that he would be outside when I was finished.

The lady beside me asked if I would like her phone number in case I needed a witness. We exchanged information, and then I voted.

When I went outside to leave, the police officer was there with one of the Aldermen from the City. I asked if the man had left, and he said he had, but that I needed to wait.

I asked if I was going to be arrested, and he said no. The Alderman had the Rutherford County Election Commissioner on her cell phone and he wanted to speak with me. Flabbergasted, I said, “Everybody, I put my phone away an HOUR ago…why am I being berated over and over for this?!? Fine, I’ll speak to him.”

He was quite friendly and explained that I shouldn’t have had a cell phone in the polling place, and that only the media can have cameras, but not regular citizens. I told him that I had gathered that from all of the commotion, but thanks for letting me know.

**Note that nobody at any time asked me if I had media credentials.**

I reiterated that there were no signs visible stating anything to this effect anywhere on the property. We said our niceties and ended the call.

When I finally went to leave, the police officer told me that in almost 20 years of his working polling places, he never knew that you couldn’t have cell phones or take pictures or video in a polling place, and he was very sorry that I had to endure so much embarrassment.

I immediately contacted a news producer at WKRN to let him know about the situation. I was puzzled that the local media was asking for video of the polling lines if it was against the law. He was completely taken aback at what had happened to me. He said he was going to do some digging to find out and would get back to me.

He contacted the Administrator of Elections for Rutherford County, who told him that he never told me it was “illegal” to take photos. He said he couldn’t verify if law enforcement had told me that, but that he was told by the State to discourage it. When pushed on the point that “discouraging” means it’s perfectly legal, he said no, it’s a rule. When asked for a citing in the Tennessee Code Annotated, he said “Well, it’s my rule.” When asked where the rules were written down, he said they weren’t, and then cited “voter disturbance” as a reason to stop me.

Fine. If it disturbed others that I had my phone and took a shot of the long voting line, I was happy to put it away and apologize. However, the true “voter disturbance” was that a man in a “crossing guard” vest berated me repeatedly for having my phone, and erroneously claimed that I was breaking the law! Not only was he blatantly overstepping his authority in that, but he was intimidating me, a voter, by claiming I was acting illegally, when the 100% absolute fact is that I was not! I broke no law, but was told I did as I was about to vote.

What is utterly amazing is that during early voting, Christian Grantham took his cell phone into the polling place and videotaped himself voting right in the Rutherford County Election Commission offices and did not flash any credentials to do it in full view of the officials!

A couple of other random thoughts: There must be some procedural reforms in our election system in this country. Better training of poll workers, MORE poll workers, better signage, clearer instructions, etc.

I don’t know why anybody would be so upset about others knowing that they had stood in a voting line and exercised their right as a citizen. If it had been me, I would’ve been PROUD to show my face and waving at the camera! However, because of people being uncomfortable with it, as well as other potential problems, I concede that a LAW should be proposed to curtail the use of cell phone cameras.

Until then, my conscience is clear and I’m proud to have voted today.

31 Responses

  1. Oh man… this is the stuff that scares the crap out of me in regards to our freedoms and liberty being corroded little by little. Why is it that only MEDIA can take pictures but citizens cannot? Let’s be honest here, probably because media is “controllable” and you are not. I hope to God you voted for Ron Paul because seriously, this is what his whole campaign has been run on, and if you want to see just how deep the shadyness factor is in our election system, please wathc this video from the NH primary:

  2. That’s appalling.

  3. I was beside little miss ginger snap during all this mess and she is NOT exaggerating any of it! I was told … that the uniform wearing man that got in her face with such an attitude, was the CHAPLIN in LaVergne. I dont know if it’s for the city or for the police department. Irregardless, the man was out of line and very threatening, not with his words but with his attitude. I do have to say that the police officer was extremely calm and kind. ’nuff said!

  4. Oh lord. This makes me giggle. Why, I don’t know. Gingah…a dram-uh magnet. I wish we coulda seen that exchange.

  5. Get used to those self-important bureaucrats who make up the rules as they go along. Soon they’ll be deciding what health care you can get.

  6. Wow. That’s just…wow. But I couldn’t help but think that I’m glad this happened to you and not to someone else who wouldn’t have the cajones to stand up for themselves and who might have actually left before voting because they felt so intimidated and embarrassed! Does that make sense? I’m not glad that you had to go through this but you were able to keep your wits and put that “crossing guard” in his place and clearly communicate your intentions and understanding of the situation. Someone else, heck, even myself, may not have been able to take the conflict of that situation and stay composed or even stay in line.

  7. [...] 5, 2008 by Kathy T. One of our site authors shares a story on her personal blog about her experience today while voting.  It wasn’t pretty. When I went outside to leave, the police officer was there with one of [...]

  8. Have mercy! I think we should definitely outlaw rude crossing guards…. :)

  9. People in lines to vote in America love the camera. People who vote are patriotic and they love their country and they don’t mind you knowing. Tonight and tomorrow you will see the cameras of channel 2, 4 and 5 just feet away from people pushing buttons and voting, and you will see those images all across America. It is legal for citizens to document their voting experience in America. The Tennessee voter’s story is the story of one person with one vote and the crap they have to get through to make it count.

  10. Jeezus.
    Man, go to the top and complain. No one deserves to be treated as a criminal while they are voting.

  11. Be aware, while taking pictures of people is not illegal, it CAN generate lawsuits from the subjects for using their likeness without their permission.

    I’m Just Sayin’…

  12. I don’t think there’s any expectation of privacy in public places.

  13. Rachel, that is correct.

  14. [...] guard to leave and he told me not to worry and that he would be outside when I was finished. [Inconsistency and Intimidation - GingerSnaps - 02-05-08] Share and Enjoy: These icons link to social bookmarking sites where readers can share and [...]

  15. You go girl!!! I am proud of you for standing up for yourself! I can just see you…lol

  16. All I can say is “Good Grief”.

  17. it CAN generate lawsuits from the subjects for using their likeness without their permission.

    If they are in view of the street and you are not using their likeness in such away as to make them appear to be endorsing a product or service (or in this case I suppose a candidate), then you are safe from any lawsuits.

    (Disclaimer: Through my work, I’ve learned a fair bit about copyright law and so that is just my understand through that knowledge. I’m not a lawyer and the above is not legal advice.)

  18. for using their likeness

    It’s a moot point since after the hoopla, the images would never see the light of day…

  19. Wow, Ginger, I’ve never heard of anything like your experience before. At my polling place, there were signs clearly posted about not using cell phones, but I thought (from experience during previous elections*) that the ban was more about the poll workers being worried about electioneering over the phone than anything else. Why you shouldn’t have been able to take all the pictures you wanted I surely don’t know.

    I’m willing to bet that you were just unlucky enough to be available when the crossing guard wanted to make a point in some ongoing fight with someone else. I bet he had been told that he didn’t have authority to do this or that, and he wanted to prove he did. How very unpleasant for you, though, and good for you for sticking up for yourself.

    *A few years back, one woman waiting in line was loudly discussing her voting choices and slamming others in a phone conversation. After some discussion among themselves, the poll workers asked her to go outside to continue and they called her when her turn to vote came up.

  20. for using their likeness

    It’s a moot point since after the hoopla, the images would never see the light of day…

    Which is the point. Once I was asked by anybody to not take pictures or use them, I was completely accommodating. It was then that I was harassed repeatedly about it.

    That’s where the outrage should be!

  21. I think some federal regulations may have been ignored when “crossing guard guy” tried to intimidate you (I see Barney Fife, somehow), and then tried to keep you from voting by removing you from line. You might want to check into it, cause he’ll probably be there in November as well, unless he’s asked not to. :-) BTW, way to go, girl!

  22. [...] that said, Ginger was at the polls on Tuesday and had a hell of a time. The post is rather lengthy and I encourage you to read it for a variety of reasons. First of all, [...]

  23. I got a little grief from the 80 year old election volunteer because my cell phone rang while I was standing at her desk signing in. She told me cell phones weren’t allowed inside, but the sign out front simply said to turn them off.

    She let me be when I turned the ringer off though. Nothing fun like your story.

  24. I am suprised this is not on the TV news or in the paper. It most certainly is newsworthy. Voter harrasement by an authority figure is a federal offense, and this at least approaches that. File a complaint with the Feds, it just might keep some “crossing guard” from suffering a “power trip freakout” in the future.

  25. You should tell Phil B. about it.

    You have his e-mail from where he visited your place…

  26. 1. Voter intimidation in La Vergne does not surprise me in the least, sadly. It hasn’t happened for a while, but it used to be UGLY. And it still needs to be STOPPED.

    2. We need to get the official regulations (TCA or county ordinance or whatever) and ensure that they’re posted in all polling places before the general election. Hooper Penuel knows better than “that’s just my rule.” And if y’all don’t think stuff like this is coming in November, you’re a much bigger optimist than I.

    Ginger, sorry you had to put up with this rubbish, but thank you and congratulations for standing your ground. People think something like this doesn’t matter, but when somebody is jacking with your inalienable right as a U.S. citizen just because they think they can, it matters. A lot. Voter disenfranchisement doesn’t have to involve photo IDs or too few machines; sometimes it’s as subtle as this.

  27. P.S. — In 2004 I had an election worker (who was outside on a smoke break) get snotty with me because there was a button on my purse that I’d forgotten to remove. Instead of saying, “Hey, ma’am, you can’t carry that in there, it’s political paraphernalia,” I was told, “You can’t do that, dummy.”

    Y’all can imagine how righteous I rose up.

    “I can’t do WHAT, please?”
    “You can’t carry that in there.”
    “Then simply tell me that I’ll have to remove it and then hush. I believe the ‘dummy’ in this situation is somebody stupid enough to draw a county paycheck and insult a taxpayer, Mr. . If you apologize, I won’t have to make sure you lose your job.”

    He did.

  28. Put a badge or the right apparel on a moron, and you get a moron with a badge.

    Sheesh..this should be textbook 101 on how NOT to handle a ‘problem’.

  29. My polling place started requiring cell phones to be turned off about 4 years ago. I remember vividly because I had put my phone on “timed off” so I wouldn’t forget to turn it back on when I was finished voting, and the line was so long that my phone rang while I was in the booth. They were very nice about it though, especially once they saw that my phone didn’t have a camera on it.

    That guy was being a total jerk. I wonder if he managed to harass somebody else into not voting.

  30. Ginger,

    I just happened to get to your website while i was “strolling” the web.

    Oh.My.Goodness. And, good for you, girl. you keep on keeping on!

    BTW, I read other posts while I was here and really enjoyed your writing and spirit. I’ll come back to visit.

  31. This is unbelievable! I had the same experience at Cedar Grove Elementary School when I was voting, although my experience was not as extreme as yours. Like you, I saw no signs about cell phone restrictions. I think the problem is that anyone with any kind of authority any more thinks they are a god of sorts. I am going to contact the Election Commission and express my displeasure. I am also going to include a link to your amazing story.

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