R 168.217 Prohibited challenger conduct; ejection of challengers.

Rule 17. (1) The right of a challenger to be present is conditional on the challenger’s compliance with election inspectors’ lawful commands under section 678 of the act, MCL 168.678. Any failure to comply with the lawful command of an election inspector may result in expulsion from the Election Day polling place, early voting site, absent voter ballot processing facility, Election Day vote center, or clerk’s office. (2) If a challenger liaison has a reasonable belief that a challenger is making challenges that do not comply with the requirements of R 168.208 or R 168.209, that the challenger is making impermissible challenges as described in R 168.210, or that the challenger is violating any of the prohibitions in R 168.214(4), the challenger liaison shall warn the challenger of the challenger’s noncompliant challenges or impermissible behavior. (3) If a challenger liaison has a reasonable belief that a challenger who was warned under subrule (2) of this rule is continuing to make challenges that do not comply with the requirements of R 168.208 or R 168.209, that the challenger is making impermissible challenges as described in R 168.210, or that the challenger is violating any of the prohibitions in R 168.214(4), the challenger liaison may eject the challenger from the Election Day polling place, early voting site, absent voter ballot processing facility, Election Day vote center, or clerk’s office. (4) If a challenger photographs, or audio or video records, within an Election Day polling place, early voting site, or absent voter ballot processing facility other than as allowed by the act, the election inspector shall eject the individual from the location. (5) Any warning or ejection, and the reason for that warning or ejection, must be recorded in the physical pollbook and, if it is being used at that location, in the electronic pollbook. (6) A challenger who is ejected may appeal that ejection by contacting the clerk of the jurisdiction where the challenger is serving, after the challenger has left the polling place, early voting site, or absent voter ballot processing facility.