OC Arrest

[Glocktogo]

I think a few questions are in order here:

It was private property, voluntarily offered for a public function without remuneration. So, what category does that make it based on the use as intended by Sisson? Private or public?

If someone is otherwise following all state laws, can a private property owner refuse service to someone exercising their legal right to vote? If so, is the county election board required to provide him with an alternate polling location?

Who denied him entry? The property owner or manager, or an election volunteer? It seems to me that an election volunteer would not have the authority to invoke trespass on property where they did not have a legally binding contract for the use of the facility. Is there a contract in effect? Even if it was the property manager or owner, could they bar that person from exercising their right to vote? I refer back to the previous paragraph.

Is a polling location the same as a government meeting location? I doubt it was intended that way when the law was written, but who knows what the courts say?

What we have here is a collision of private property rights, CCW rights and voting rights. All I can see for certain is that the guy is a dolt for pressing the issue. A polling place is not the best place to state your case for open carry. It's a place to vote, period. Why muddy the waters?

 

[cmhbob]

It can't be reasonably argued that voting is not a government function. I don't think the statute differentiates between paid vs volunteer government officials. This page at Tulsa County says that precinct officials are paid. That makes them government employees.

I've got an email in to Tulsa County Elections Board asking them about leases and employment status of precinct officials. I'll post any response I get.

 

[Buzzgun]

1. Any structure, building, or office space which is owned or leased by a city, town, county, state, or federal governmental authority for the purpose of conducting business with the public;

What is the legal definition of "conducting business"??

 

[yukonjack]

I think a few questions are in order here:

It was private property, voluntarily offered for a public function without remuneration. So, what category does that make it based on the use as intended by Sisson? Private or public?

If someone is otherwise following all state laws, can a private property owner refuse service to someone exercising their legal right to vote? If so, is the county election board required to provide him with an alternate polling location?

Who denied him entry? The property owner or manager, or an election volunteer? It seems to me that an election volunteer would not have the authority to invoke trespass on property where they did not have a legally binding contract for the use of the facility. Is there a contract in effect? Even if it was the property manager or owner, could they bar that person from exercising their right to vote? I refer back to the previous paragraph.

Is a polling location the same as a government meeting location? I doubt it was intended that way when the law was written, but who knows what the courts say?

What we have here is a collision of private property rights, CCW rights and voting rights. All I can see for certain is that the guy is a dolt for pressing the issue. A polling place is not the best place to state your case for open carry. It's a place to vote, period. Why muddy the waters?

So if a reserve police officer, who isn't paid, attempted to arrest you could you tell him to pound sand, cause he isn't a paid employee? Likewise if any property owner agrees or offers their property for use as a polling place don't you think that creates a contract between them and the State?

Could the owner of the private property then ban certain people from voting based on any reason they pull out of their hat??

You're smart enough to already know the answer to every single question you asked.....

 

[Glocktogo]

So if a reserve police officer, who isn't paid, attempted to arrest you could you tell him to pound sand, cause he isn't a paid employee? Likewise if any property owner agrees or offers their property for use as a polling place don't you think that creates a contract between them and the State?

Could the owner of the private property then ban certain people from voting based on any reason they pull out of their hat??

You're smart enough to already know the answer to every single question you asked.....

And you're smart enough to know the questions you asked are pretty dumb.

 

[yukonjack]

And you're smart enough to know the questions you asked are pretty dumb.

Great, so now we got two dummies asking dumb questions. I think they made a movie about us, Dumb and Dumber......

 

[ripnbst]

While I understand standing your ground and doing what you think you should be able to, this guy should have read the rules more carefully in that 2 hours he was gone before pushing the issue.

 

[Shadowrider]

I think a few questions are in order here:

It was private property, voluntarily offered for a public function without remuneration. So, what category does that make it based on the use as intended by Sisson? Private or public?

If someone is otherwise following all state laws, can a private property owner refuse service to someone exercising their legal right to vote? If so, is the county election board required to provide him with an alternate polling location?

Who denied him entry? The property owner or manager, or an election volunteer? It seems to me that an election volunteer would not have the authority to invoke trespass on property where they did not have a legally binding contract for the use of the facility. Is there a contract in effect? Even if it was the property manager or owner, could they bar that person from exercising their right to vote? I refer back to the previous paragraph.

Is a polling location the same as a government meeting location? I doubt it was intended that way when the law was written, but who knows what the courts say?

What we have here is a collision of private property rights, CCW rights and voting rights. All I can see for certain is that the guy is a dolt for pressing the issue. A polling place is not the best place to state your case for open carry. It's a place to vote, period. Why muddy the waters?

As usual a well thought out post. I've been following this thread and had always been under the assumption that a polling place was in the same category as a courthouse edit: in regards to the SDA. I may have got that impression from the class I took, but I once would have sworn it was listed in the SDA? Maybe it's was taken out or re-worded in one of the revisions? All I know is that I'm not gonna volunteer to be the test case and it appears that we no longer need one.

 

[yukonjack]

So if a polling place is located on private property then how can the government possibly have prohibitions against political candidates campaigning in them on election day? After all it's private property......

https://www.sos.ok.gov/oar/online/viewCode.aspx

230:35-11-5. Electioneering prohibited
Any person who electioneers within 300 feet of any ballot box while an election is in progress, and any person except election officials and other persons authorized by law who remains within 50 feet of any ballot box while an election is in progress shall be deemed guilty of a misdemeanor. [26:16-111]
[Source: Added at 28 Ok Reg 1167, eff 7-1-11]

 

[shooterdave]

I may be wrong, but as I understand the law, any building where any type government business is being conducted becomes a "government building" during the period of government use. If they hold a city council meeting in an outhouse, the outhouse becomes a government building while the meeting is being conducted.

You, sir, are correct...