Ohio Election Observers: Rules and Constraints

Written and Published in Partnership with All Voting is Local.

Election observers, referred to as “political party observers” or “observers” in Ohio, are individuals who monitor polling places and ballot counting sites. While 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 regulations and constraints regarding who can serve as poll watchers and what they can do. Ohio’s rules on observers, which derive both from the state’s election code and from guidance issued by the secretary of state, are:

Appointment

• Under Ohio law, political parties with candidates on the ballot, any group of five or more candidates, or a ballot issue committee can appoint one observer per early and Election Day voting location, and one observer at each board of elections office to observe voting and processing of provisional and absentee ballots leading up to and on Election Day, and one observer for the official canvass.footnote1_pmBjnPsqcgHZMN6sV7vl-CoK5MOQACGEsvt9EFv3bh0_q7eInJn2orMK1 Ohio Rev. Code Ann. §§ 3505.21(B), (E); 3505.32(B).
• Only voters registered in Ohio may be observers.footnote2_n2lcb353fEtmvefmmfhWUJ0MN5qnuITMlMvy52sCc20_d1tao9KEI5Ig2 Ohio Rev. Code Ann. § 3505.21(B).
• The county board of elections must receive notification of the name, address, and location at which the observer is to serve prior to observing.footnote3_LVMq9VXvgZH5XpSRYxYc1UEkEDJJUmk2sKMjllxsu60_crSEoUtVPBm73 Ohio Rev. Code Ann. § 3505.21(F).
• Observers must take an oath prior to observing.footnote4_LVMq9VXvgZH5XpSRYxYc1UEkEDJJUmk2sKMjllxsu60_t8goF4wSLzBo4 Ohio Rev. Code Ann. § 3505.21(F).
• Separately, Ohio law permits “post-election observers” during a post-election audit. The post-election observers may only attend public meetings of the local board of elections (these meetings must be publicly noticed in advance), and in no event may they handle ballots during the audit.footnote5_52KGItWb5KeBQzrGi6ITy3PIykJd1mAhdDjj8nR3ek_h8pD5zvOvZhA5 Ohio Rev. Code Ann. §§ 3505.331(A), (C); and Ohio Secretary of State, Election Official Manual, December 20, 2023, 340–41, https://www.ohiosos.gov/globalassets/elections/directives/2023/eom/eom_fullversion_2023–12.pdf. They are otherwise subject to limitations similar to those that apply to observers at polling places and ballot counting locations.

Role of Observers

• Observers monitor the election process without causing disruptions to voters or election workers. They may watch all proceedings of precinct officials, including the counting and certification of returns, at the polls and ballot counting sites.footnote6_HdSxRTfdKI1c-X9fALrT7kGl36wf2rF7BWlvWDvok_hPDcQnNYfgwS6 Ohio Rev. Code Ann. § 3505.21(C). 
• Observers cannot challenge a voter’s eligibility at a voting location.footnote7_cMXbTUPoVA13ulOiTpmtbtf5amwpmpl0l3-b2HqMPk_rZ6z4BxZ6WHI7 See Ohio Rev. Code Ann. § 3505.20; and Manual, 272.  More information on the rules and constraints on voter eligibility challenges can be found here.
• According to the secretary of state’s guidance, observers can contact the county board of elections if they observe an issue of concern but must leave the voting area to do so.footnote8_VyCxxYRyW4e1PkWOi23cP-679z53sC5ZyIK-JDcoI68_hLJGUxKsRqtJ8Manual, 274.
• The guidance also notes that observers may move freely about the location except that election officials may deny observers access to parts of an election office where ballots are not being cast, processed, or counted.footnote9_VyCxxYRyW4e1PkWOi23cP-679z53sC5ZyIK-JDcoI68_tsf5lGqiJxqa9Manual, 274.

Prohibited Activities

• Electioneering: All people, including observers, are prohibited from conducting campaign related activities, known as electioneering, within 100 feet of a voting location, and if the line for voting extends beyond the 100-foot buffer, within 10 feet of any voter waiting in line.footnote10_c8Xrl1ktQOzvKiaHpmiIBMnMfg8wPhKS93Msa-fvLoU_jjKhrFtEOLJQ10 Ohio Rev. Code Ann. § 3501.35(A)(1); and Manual, 181. This includes wearing campaign clothes or accessories.footnote11_CTBHsD7i-1xGNGjHmEe35lnGrw—NRjAYAfBnlprKNI_wXNIlXv0nJeG11Manual, 259. 
• Carrying Firearms: Observers cannot carry a firearm or other weapon.footnote12_297HFDytDk1eQy4vKj4JGFel9DSYfUilHok3WZcKY_aYhkjmT0UxkI12 Ohio Rev. Code Ann. §2505.21(B); and Manual, 275. 
• Intimidation or Influence: Attempting to intimidate or influence a voter is not allowed.footnote13_bcqVl19I9pMA2RdSFJEAc4-WNTWgPDnNUJoch57CoI_kzK6pWtK3Xsy13 Ohio Rev. Code Ann. §§ 3501.90(A)(1)(A), 3599.01(2). Intimidation can include, but is not limited to, soliciting a voter, coercing a voter to vote or refrain from voting, or coercing a voter to vote or refrain from voting for a particular candidate, question, or issue.footnote14_BDnH1D5NdMSSgrAbuiWRAZeQTEMeGzS2zspFglqqvh8_jFklFB2Lggvx14 Ohio Rev. Code Ann. §§ 3501.35(A)(5); 3599.01(2). Additionally, it is illegal to attempt to intimidate election officers or prevent them from performing their duties.footnote15_2mXaWHMrsESWXFxgrtrYqjfoBLIG3gGcr-DvKVYtqM_pLynfyWIDOUf15 Ohio Rev. Code Ann. § 3599.24(3).
• Interference: Observers may not interfere with election workers or slow the operation of election processes. Specifically, it is illegal for anyone, including observers, to destroy property used to conduct elections, to loiter in or about the voting place during the casting and counting of ballots, or to unduly delay or hinder a voter from attempting to vote or voting.footnote16_4khF5XLnEz8WHBuif9ksJUPmA5t17Hn4–4veHnBeaQ_ukImLw0Pcjw116 Ohio Rev. Code Ann. §§ 3599.24(2), (5), (6), 3599.26.
• Harassment: It is illegal for anyone, including observers, to harass a voter. Harassment includes, but is not limited to, obstructing access to or from a voting location or participating in a riot, violence, or disorder in or about the voting location.footnote17_Fc6qfaopqydVacCUx03zWXhbkiywe1FqE0XX9h6MQU_o6Xx1svD88YA17 Ohio Rev. Code Ann. § 3501.90(A)(1)(a).
• Voter Interaction: Observers may not interact with voters in a disruptive manner.footnote18_PhNZiCO0xhVkYnorl04w-Ig1srHKST8HW07Ua4RVZc_uqR0Q9mnmNFx18 Ohio Secretary of State, “Being an Election Observer: Things to Know,” last accessed May 23, 2024, https://www.ohiosos.gov/elections/voters/being-an-election-observer-things-to-know/.
• Handling Election Materials: Observers may not handle any election materials.footnote19_VyCxxYRyW4e1PkWOi23cP-679z53sC5ZyIK-JDcoI68_bIqbYeC5hvYy19Manual, 274.
• Photography and Video: Observers may not take photographs or videos at a voting location.footnote20_OJXhm1phWQGc9PR5Y4aD1F24UmEkBfAzipkJAohHCFU_zlc0Bb6zWPNp20Manual, 274.  Further, observers may not use electronic or communication devices that could impede, harass, or intimidate voters or risk violating voter privacy.footnote21_VyCxxYRyW4e1PkWOi23cP-679z53sC5ZyIK-JDcoI68_szwUn65lRXdg21Manual, 274.
• Enforcing the Law: Observers may not enforce the law or advocate for voters.footnote22_VyCxxYRyW4e1PkWOi23cP-679z53sC5ZyIK-JDcoI68_zvZUfuQYKQ9z22Manual, 274.

Federal and state law strictly prohibit all people, including observers, 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.footnote23_bTJSFleJC9XYhmWBVqV-WyVMxJCGKAgN3m9OrnIrkGk_pw47vqeLr4Tm23 18 U.S.C. §§ 241, 594; 52 U.S.C. § 10101(b); and Ohio Rev. Code Ann. §§ 3501.35, 3501.90, 3599.01, 3599.24, 3599.26. More information on the federal and state laws that protect Ohio voters from intimidation can be found here.

Removal

• Precinct election officials may remove observers who interfere with, impede, or disrupt the election or who engage in behavior that is inconsistent with state law or a secretary of state directive.footnote24_qkOZyxKsg2YryEAJIBYxapfAf-aZcKJ13nZ-iKX7g_g39NKODcNLlV24Manual, 276.
• If necessary, election officials may contact law enforcement for assistance in removing observers who break the rules.footnote25_feh0fvnUW1txlfEnbV8N8hyekXe1jVufrGmTRowMeM_bz4gsdY9tq4E25 Ohio Rev. Code Ann. § 3501.33.