Texas Election Observers: Rules and Constraints

Election observers, referred to as “poll watchers” in Texas, are individuals who monitor early and Election Day polling places, early voting ballot boards, central counting stations, and signature verification committees. While election observers play an important role in providing transparency, they can also be a potential source of disruption and intimidation. For this reason, all states have a series of rules and constraints regarding who can serve as election observers and what they can do. Texas’s rules on observers, which derive from the state’s election code and from guidance issued by the Secretary of State, are:

Appointment

• Poll watchers must be appointed by one of the following:
  • A candidate or write-in candidate for a political party office or any public office other than vice president of the United States.¹
  • The county chair of any political party that has at least one nominee on the ballot.²If the county chair does not make an appointment, any three members of the county executive committee may make the appointment.³
  • The campaign treasurer or assistant campaign treasurer of a ballot measure committee.⁴
• Each appointer can appoint a maximum of two poll watchers for each polling place and seven poll watchers for each early voting place, where no more than two of those seven appointees may be on duty at any given time.⁵
• Poll watchers may be appointed only for a precinct within the county where they are registered to vote.⁶They do not need to be registered at their appointed precinct.⁷
• Candidates for office, public officeholders, and people convicted of an election-related offense may not serve as poll watchers.⁸
• Poll watchers must complete the secretary of state’s training program.⁹
• Appointers must issue a certificate of appointment to each poll watcher they appoint; a poll watcher must show the presiding judge their certificates of appointment and of completion of secretary of state training.¹⁰

Role of Poll Watchers

• Poll watchers observe the conduct of the election, without causing disruption, on behalf of whoever appointed them.¹¹
• Poll watchers report any suspected irregularity or violation to election officers.¹²
• Poll watchers must wear a form of identification that is provided to them by an election officer.¹³
• Poll watchers are entitled to take notes and observe “any activity” conducted at the location where they are serving, but may not be present at a voting booth while a voter is preparing a ballot or being assisted.¹⁴
• Poll watchers may inspect returns and other records prepared by election officers at their location.¹⁵
• Poll watchers may not challenge a voter’s eligibility at polling locations during early voting and Election Day. More information on the rules and constraints on voter eligibility challenges can be found here.

Prohibited Activities

• Voter Interaction: Poll watchers may not communicate with voters for any reason.¹⁶
• Election Officer Interaction: Poll watchers may not converse with an election officer regarding the election, unless they are calling attention to an irregularity or violation.¹⁷
• Disruption and Harassment: Upon being checked in by an election officer, poll watchers must take an oath to neither disrupt the voting process nor harass voters.¹⁸
• Using Devices: Poll watchers must deactivate any device in their possession that is capable of recording images or sound.¹⁹
• Electioneering: No one, including poll watchers, may electioneer within 100 feet of an entrance to a polling place during voting hours, including early voting hours.²⁰Electioneering includes the posting, use, or distribution of political signs or materials.²¹
• Voter Intimidation: Under Texas law, voters have the right to vote in secret and free from intimidation.²²

Federal and state law strictly prohibit all people, including poll watchers, from engaging in voter intimidation. Any action that makes a voter feel intimidated, threatened, or coerced (including any effort to prevent a voter from registering to vote, voting, or voting for or against any candidate or ballot measure) could constitute voter intimidation, regardless of whether it breaks a specific rule.²³More information on the federal and state laws that protect Texas voters from intimidation can be found here.

Removal

• A presiding judge may remove a poll watcher for violating the Texas Election Code or another provision of law relating to the conduct of elections only if an election judge or clerk observed the conduct constituting the violation.²⁴
• A presiding judge may remove a poll watcher for violating the state’s Penal Code even if the election judge or clerk did not observe the violation.²⁵
• The presiding judge may call a law enforcement officer to remove a poll watcher.²⁶
• Presiding judges and election workers should exercise caution in assessing whether to expel a poll watcher, however, as they are subject to criminal penalties for unlawfully obstructing a watcher.²⁷
• Texas law empowers the presiding judge of each precinct to preserve order, prevent breaches of the peace, and prevent violations of the election code.²⁸They may issue arrest warrants to fulfill those duties.²⁹