"Things are not looking good for open government when it comes to observing poll workers on Election Night. Our state election laws, written for the old lever machines, now apply to Sequoia electronic voting machines. Andrew Appel and I have been asking a straightforward question: Can ordinary members of the public watch the procedures used by poll workers to count the votes?
I submitted a formal request to the Board of Elections of Mercer County (where Princeton University is located), seeking permission to watch the poll workers when they close the polls (on Sequoia AVC Advantage voting computers) and announce the results. They said no!
The Election Board said this election is “too important” to permit extra people in the polling place.
They even went so far as to suggest that my written application was fraudulent. I applied on behalf of five people: two Princeton University students, two professors, and myself. In an abundance of caution, I requested authorization in the form of “challenger badges” which the Board of Elections can issue at its discretion. By phone, I explained our interest in merely watching the poll workers.
Of course we understand that they might not want extra people getting in the way on Election Night -- that’s why we took measures to get special authorization. To ensure that we could be lawfully present, we asked for challenger badges as non-partisan proponents and opponents of two Public Questions on the ballot, as permitted by NJSA 19:7-2. My request was entirely in compliance with state law, as all the prospective challengers are registered to vote in Mercer County.
In spite of this, the Board expressed reluctance, based on the identities of the prospective challengers. In particular, they cited Andrew’s status as an expert on Sequoia voting machines as a “concern,” and provided assurances that Sequoia has fixed all the problems he identified in past elections.
Other counties in New Jersey permit members of the public to watch the poll workers “read” the election results. Combined with Judge Feinberg’s decision to suppress Andrew’s report on the security of the Sequoia machines, Mercer County conveys the unfortunate impression it does not welcome scrutiny of its electronic voting process."