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Texas: Protections Against Intimidation of Voters and Election Workers

This resource details state and federal laws protecting against the intimidation of voters and election workers and the disruption of the voting process.

Last Updated: October 25, 2024
Published: October 28, 2022
View the entire Laws Protecting Voters and Election Workers from Intimidation series

Voters in Texas have the right to vote free from intimidation under federal and state law.footnote1_yedtwLfSNorZd6g9wfRyqGFmO7U5YUlEL0W2MZ2eNM_hvfdOCckczhZ1See, e.g., 18 U.S.C. §§ 594, 241; 52 U.S.C. § 10101(b); Tex. Pen. Code § 36.03(a)(2); Tex. Elec. Code §§ 61.003, 61.008, 62.0115(b)(2), 85.036, 276.001.Federal law broadly prohibits intimidation, threats, or coercion throughout every stage of the election process;footnote1_QY2dUiYlF4pPLu3rzJo7Dn6zjiQ5N6UWuUWFNXebnLM_j1fmjmdJK7ib1See U.S. Department of Justice, Voting Rights Fact Sheet (Sept. 2024), https://www.justice.gov/crt/media/1366636/dl (summarizing federal laws that protect against intimidation).more information on the federal protections that apply to all states can be found here. In addition, the following actions are specifically prohibited by Texas law:

The below addresses the laws that serve as guardrails against specific threats of intimidation.

Voter Challenges

Texas does not allow challenges to voter eligibility at polling locations. Only state election officials can inquire into the qualifications of voters at a polling location.

The National Voter Registration Act provides additional safeguards to protect voters from mass challenges before an election:

The Brennan Center published a detailed resource on the limits on voter eligibility challenges in Texas here.

Voter Intimidation by Poll Workers

The Brennan Center published a detailed resource on the rules and constraints for Texas poll workers here.

Intimidation by Poll Watchers

Although Senate Bill 1 (2021) expanded the risk of intimidation by poll watchers, Texas still has safeguards in place:

Texas also limits how many watchers can be at the polls and what they may and may not do:

A poll watcher who continues to hinder the voting process after a warning should be removed by the precinct’s presiding election judge, consistent with the duty to preserve order and prevent breaches of the peace and violations of the election code.footnote16_YtJAa9k58UKo-NTaZafsQShgbWkf9FIMjGuvIkbJaQQ_vIit3DsuzqJM16Tex. Elec. Code § 32.075(a).

The Brennan Center published a detailed resource on the rules and constraints on Texas poll watchers here.

Guns at Polling Places

Guns and other weapons, apart from those belonging to peace officers, are prohibited on the premises of polling places.footnote17_Hk4VziToorGGHL0OPnYj14nRdbBU0-sMYD3ha5Gg8_cS74k3Mhxao617Tex. Pen. Code §§ 46.03(a)(2), 46.15(a)(1). Therefore, the presence of any firearm in any polling place should be treated as intimidation.

Even at locations where firearms are not prohibited, firearm carry may constitute unlawful intimidation. Such conduct may consist of carrying a visible firearm while near a polling location or at a drop box or vote-counting site, displaying a concealed firearm during a discussion or argument with a voter or election worker, or approaching a voter or election worker while displaying a firearm.

Door-to-Door Intimidation

Federal and Texas law prohibits canvassing efforts that are used to intimidate voters.footnote18_E66kn9n0yOkHf5jVXsbZDghxv3QRJl1YqqcdiGCxMw_h4t9MH5WNO1n1818 U.S.C. §§ 594, 241; Tex. Pen. Code § 36.03(a)(2).Any voter who receives a visit from a privately organized canvassing group does not have to answer any questions and should report any incidents of intimidation to their local officials.

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