Conduct in and near polling places on Election Day is regulated by state and federal laws.
Persons allowed near polling place
An individual must be allowed to go to and from the polling place for the purpose of voting without unlawful interference. Except for an election official or an individual who is waiting to register, to update the voter's registration, or to vote or an individual who is conducting exit polling, an individual must not stand within 100 feet of the building in which a polling place is located.
To learn more, see M.S. 204C.06.
Persons allowed in polling place
During voting hours, the law allows only election workers, people directly engaged in voting, and authorized persons to be present in the polling place. Authorized persons are:
- Persons helping a voter who is disabled or unable to read English.
- Persons who are vouching for a voter’s residence.
- Observers with written authorization from the secretary of state's office, the county auditor, or the clerk for the purpose of observing election procedures.
- Peace officers (law enforcement), if the election workers request their presence to keep order.
- Children when accompanying voters.
- Challengers authorized to observe in the polling place. Learn more about rules for challengers.
- Teachers, elementary and high school students if participating in a mock election that has been authorized by the secretary of state.
- The news media.
- Persons making a written complaint.
To learn more, see M.S. 204C.06.
Prohibited polling place activities
Some persons, items and activities are not allowed in the polling place:
- Disorderly persons.
- Intoxicated persons and/or liquor.
- Persons who are campaigning and/or campaign materials, including literature or buttons.
- Smoking.
- Lingering.
To learn more, see M.S. 204C.06.
Intimidation and interference with the voting process
A person may not directly or indirectly use or threaten force, coercion, violence, restraint, damage, harm, or loss, including loss of employment or economic reprisal against:
(1) any person with the intent to compel that person to register or abstain from registering to vote, vote or abstain from voting, or vote for or against a candidate or ballot question; or
(2) any person with the intent to impede that person's efforts to encourage another to cast a ballot or assist another in registering to vote, traveling to a polling place, casting a ballot, or participating in any other aspect of the election process.
No person may intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person in casting a ballot or registering to vote.
Anyone found in violation of these laws would be guilty of a gross misdemeanor with civil penalties of damages and up to $1,000 for each violation.
To learn more, see M.S. 211B.075.
Undue influence on voters prohibited
A person may not directly or indirectly use or threaten force, coercion, violence, restraint, damage, harm or loss, including loss of employment or economic reprisal, undue influence, or temporal or spiritual injury against an individual to compel the individual to vote for or against a candidate or ballot question. Abduction, duress or fraud may not be used to obstruct or prevent the free exercise of the right to vote of a voter at a primary or election, or compel a voter to vote at a primary or election. Violation of this law is a gross misdemeanor.
Learn more about undue influence on voters prohibited.
Election worker protections
It is illegal to intimidate election workers; interfere with the administration of an election; disseminate personal information of an election official; obstruct access of any election official to the location where elections administration is occurring; tamper with a ballot box; tamper with the Statewide Voter Registration System, registration list or polling place roster; or access the statewide voter registration system without authorization.
Anyone found in violation of this law would be guilty of a gross misdemeanor with civil penalties of damages and up to $1,000 for each violation. Learn more about interference related to the performance of duties by an election official and associated penalties.
Damaging or removing election materials
State law says that no individual shall intentionally:
(a) tear down, mutilate, deface or otherwise damage during the hours of voting any voter instruction poster placed inside or outside of a polling place by an election judge or other election official; or
(b) remove from the polling place before the time for voting ends any ballots prepared for use at the election or any supplies or conveniences placed in voting booths for use by the voters, except as authorized by law.
A violation of this law is a gross misdemeanor. To learn more, see M.S. 204C.06, subd. 3.
State law also says that no individual shall intentionally:
(a) remove from a polling place any election file or election register, except as authorized by law;
(b) damage, deface, or mutilate any ballot, election file, or election register or any item of information contained on it, except as authorized by law; or
(c) add anything to a ballot, election file, or election register, except as authorized by law.
A violation of this law is a felony. To learn more, see M.S. 204C.06, subd. 4.
Law enforcement at the polling place
State law addresses the presence of law enforcement at the polling place on Election Day.
- Law enforcement can be called to a polling place if requested by an election worker and remain there until peace is restored.
- Law enforcement can be at a polling place to vote or register to vote.
- In all other situations, law enforcement - including federal law enforcement - must be at least 50 feet from the polling place.
Federal law prohibits federal armed agents from being sent to a polling place. (18 U.S. Code § 592)
No individual, including law enforcement, may be at a polling place for the purpose of voter intimidation or interference with another's voting rights.
Federal observers
The Voting Rights Act permits federal observers to monitor procedures in polling places and at sites where ballots are counted. Individuals acting in this capacity are required to obtain authorization from Hennepin County elections to be present in a polling place or site where ballots are counted. Observers are not authorized to touch voting equipment, materials, interact with voters or otherwise impede the voting process.
Access for news media
A news media representative may enter a polling place during voting hours only to observe the voting process.
A media representative must present photo identification to the head election worker upon arrival at the polling place, along with either a recognized media credential or written statement from a local election official attesting to the media representative's credentials. A media representative must not:
- Approach within 6 feet of a voter.
- Converse with a voter while in the polling place.
- Make a list of persons voting or not voting.
- Interfere with the voting process.