Voting in Michigan presidential primary

People sign-in to vote in the Michigan presidential primary at City of Norton Shores Precinct 7, Churchill Porter Elementary School on Tuesday morning, March 8, 2016. (Joel Bissell | MLive.com)

Editor's note: This story initially said that Ypsilanti interpreted state gun laws to allow anybody to openly carry a gun at polling places located in schools and houses of worship. The Ypsilanti city attorney has since issued an opinion saying that only people with a concealed pistol permit can openly carry a gun at places designated as a "no-gun zone."

With Donald Trump calling on citizens to guard against a "rigged" election, some Michigan election officials are worried people may bring guns -- and perhaps intimidate voters -- to polling places on Tuesday.

Michigan law is silent on the issue of guns at polling places, and there is a question of whether schools and churches designated as "weapon-free zones" have to loosen their rules during voting hours.

"State election law does not address firearms laws in polling locations, so normal rules for carrying laws apply," said Fred Woodhams, spokesman for the Michigan Secretary of State, which oversee elections.

Michigan allows people age 18 and older to openly carry a firearm without a permit, as long as the gun is registered in the person's name. Those with a concealed carry permit can have a pistol that is concealed.

At places designated as a weapons-free zone such as a church or school, no concealed carry is allowed. However, people with a concealed pistol license can openly carry at those sites -- without a license, no guns are allowed at those sites.

In a memo sent by the Michigan Bureau of Elections to county clerks this week, local election officials are urged to check with local law enforcement and/or municipal attorneys for guidance on how to handle guns to the polls.

In Ypsilanti, City Attorney John Barr said the state's guidelines on carrying a gun apply to polling places -- people with a CPL can carry a gun openly at a school, church or other place designated as a no-gun zone, while anybody can openly carry a firearm at other polling locations.

That ruling was discussed at Tuesday's Ypsilanti City Council, with Councilman Pete Murdock asking whether the city can ban guns at polling locations.

"I'm not saying that we're going to have any issues, but you don't know, given the talk that's around," Murdock said. "If you have a half dozen guys show up with AKs and ARs - that's voter intimidation, to me, and that's not allowed either.



"This election has been crazy and it's only going to go downhill from here," he said.

While City Clerk Frances McMullan said the city can't ban guns at polling places, the Ypsilanti Police Department quickly will respond to any problems that are reported.

Murdock stressed the issue is about voter intimidation, not taking away guns.



"If you're sitting around at the polls screaming and yelling at people, that's voter intimidation, and you can have people removed for that," he said.

That same interpretation of the law is being used in Kalamazoo.

Kalamazoo City Clerk Scott Borling said he has talked with the city attorney, Kalamazoo County sheriff and Kalamazoo public safety chief. Their consensus: Only people with a concealed pistol license will be allowed to have a gun at polling places designated as a "weapon-free zone," and those guns must be openly carried.

"My understanding is the rules depend on the location of the polling place," Borling said, with the more restrictive rules for schools, places of worship and college dorms or classrooms.

Borling said he's not sure if there will be poll watchers or challengers at city polling places on Tuesday, but poll workers have been instructed on how to deal with the issue.

"We haven't had problems in the past, so we don't know what to expect," he said. "We're encouraging our workers to be cordial (towards poll watchers) and not take an adversarial approach."

However, he said, "this process is about making sure that people can vote. Anything that inhibits that, we will take a very strong stand on."

Poll watchers are allowed to observe the process, he said, but they cannot talk to voters and cannot raise a challenge based on a hunch that someone is too young, not a citizen or is not a resident of the precinct.

"You have to have prior knowledge that an individual may not be eligible to vote," Borling said, and challenges need to be addressed to poll workers, not the voter.

Grand Rapids has a different interpretation of the gun laws.

Darlene O'Neal, the city clerk in Grand Rapids, said she also has meet with police officials and the city attorney to hammer out guidelines for guns at polling places.

Grand Rapids officials are saying the usual restrictions on guns in schools and churches don't apply when the building is being used as a polling place.

"It's government space" during voting hours, which means anybody 18 and older can open carry and people with a concealed pistol license can carry a concealed weapon, she said.

"We're not looking to bother them if they do bring a firearm because they're not breaking the law," she said.

Ingham County Clerk Barb Byrum said she's made it clear to election officials in her county that she's taking a no-tolerance approach to attempts at voter intimidation.

"It's imperative to let voters know that we won't stand for it," she said.

"If any poll worker thinks somebody is intimidating voters, I'm telling them to warn the person once and then call law enforcement the next time it happens," she said. "People have the right to vote, and if they feel threatened, I will address that."

Woodhams there haven't been issues in the past, and he "doesn't see why this year would be any different."

"If there's someone who is being disruptive, then people should address it with precinct worker there," Woodhams said. "They can address it with the individual, and if there's still an issue, then they can call local law enforcement to have that person removed."

Ypsilanti Councilman Brian Robb said he finds it "hilarious and ironic" that the state banned "ballot selfies" but "groups of residents with semi-automatic weapons can gather at polling locations."



Michigan law prohibits photographs of voters' ballots. A Portage resident challenged that law, but the court are keeping the ban in place for now.





Attorney General Bill Schuette argued in favor of the selfie ban. He said allowing ballot selfies "threatens the integrity and smooth running of the upcoming election."



When contacted by MLive about the issue of guns at polling place, a spokesperson for Schuette's office referred questions to the Secretary of State's office.

Reports from MLive contributor Tom Perkins are included in this story.