Written and Published in Partnership with All Voting is Local.
Poll watchers, 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, 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 voting location.footnote1_sikWQzg04AKz1Ohio Rev. Code Ann. §§ 3505.21(B), (E).
- Observers may be at Election Day voting locations, early-voting locations, and ballot counting places.footnote2_ahanWGvRksMQ2Ohio Rev. Code Ann. §§ 3505.21(B), (E).
- Only voters registered in Ohio may be observers.footnote3_jVrhm7aZCqLv3Ohio 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.footnote4_koSpC18014M54Ohio Rev. Code Ann. § 3505.21(F).
- Observers must take an oath prior to observing.footnote5_c81DmuIazoRe5Ohio 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.footnote6_xU9laDgUSvzc6Ohio 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.
Role of Observers
- Observers monitor the election process without causing disruptions to voters or election workers. They may watch all proceedings of precinct officials at the polls and the counting of ballots at ballot counting sites.footnote7_tPrgJoJ4mZ1i7Ohio Rev. Code Ann. § 3505.21(C).
- Observers cannot challenge a voter’s eligibility at a voting location.footnote8_qrRm9Kir5AWN8See Ohio Rev. Code Ann. § 3505.20; and Manual, 272.
- 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.footnote9_aT7UkEvvq0NA9Manual, 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.footnote10_abMBpX5vAcAr10Manual, 274.
Prohibited Activities
To prevent poll watchers from disrupting elections, Ohio law prohibits the following 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.footnote11_lxlSOMUArcO111Ohio Rev. Code Ann. § 3501.35(A)(1); and Manual, 181.This includes wearing campaign clothes or accessories.footnote12_p6zSUp5mwPYr12Manual, 259.
- Carrying Firearms: Observers cannot carry a firearm or other weapon at a voting location. footnote13_jW2LJFfykJ4z13Manual, 275.
- Intimidation or Influence: Attempting to intimidate or influence a voter is not allowed. footnote14_iRLil2IUT0il14Ohio 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.footnote15_jPs7OoVAnvDV15Ohio 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.footnote16_jA8ja6j2ZK2R16Ohio Rev. Code Ann. § 3599.24(3).
- Interference: Observers may not interfere with poll 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.footnote17_niWiKBeyLbkr17Ohio 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.footnote18_jT3p9xzy4SXl18Ohio Rev. Code Ann. § 3501.90(A)(1)(a).
The secretary of state’s guidance further prohibits observers from:
- Voter Interaction: Observers may not interact with voters in a disruptive manner.footnote19_nUSQQdkPnIRf19Ohio 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.footnote20_rms8O2iTNQxM20Manual, 274.
- Photography and Video: Observers may not take photographs or videos at a voting location. footnote21_o0ZcmkYqtmqU21Manual, 274. Further, observers may not use electronic or communication devices that could impede, harass, or intimidate voters or risk violating voter privacy.footnote22_gphZusP8FbFG22Manual, 274.
- Enforcing the Law: Observers may not enforce the law or advocate for voters.footnote23_m2D0Gldkch3y23Manual, 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.footnote24_uO8wrOAfGOwV2418 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.
Removal
- Precinct election officials may remove observers from the voting location 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.footnote25_i7Y8PKuHeL3u25Manual, 276.
- If necessary, election officials may contact law enforcement for assistance in removing observers who break the rules.footnote26_qkkynO7dDvO226Ohio Rev. Code Ann. § 3501.33.
End Notes
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footnote1_sikWQzg04AKz
1
Ohio Rev. Code Ann. §§ 3505.21(B), (E).
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footnote2_ahanWGvRksMQ
2
Ohio Rev. Code Ann. §§ 3505.21(B), (E).
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footnote3_jVrhm7aZCqLv
3
Ohio Rev. Code Ann. § 3505.21(B).
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footnote4_koSpC18014M5
4
Ohio Rev. Code Ann. § 3505.21(F).
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footnote5_c81DmuIazoRe
5
Ohio Rev. Code Ann. § 3505.21(F).
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footnote6_xU9laDgUSvzc
6
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.
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footnote7_tPrgJoJ4mZ1i
7
Ohio Rev. Code Ann. § 3505.21(C).
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footnote8_qrRm9Kir5AWN
8
See Ohio Rev. Code Ann. § 3505.20; and Manual, 272.
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footnote9_aT7UkEvvq0NA
9
Manual, 274.
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footnote10_abMBpX5vAcAr
10
Manual, 274.
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footnote11_lxlSOMUArcO1
11
Ohio Rev. Code Ann. § 3501.35(A)(1); and Manual, 181.
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footnote12_p6zSUp5mwPYr
12
Manual, 259.
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footnote13_jW2LJFfykJ4z
13
Manual, 275.
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footnote14_iRLil2IUT0il
14
Ohio Rev. Code Ann. §§ 3501.90(A)(1)(A), 3599.01(2).
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footnote15_jPs7OoVAnvDV
15
Ohio Rev. Code Ann. §§ 3501.35(A)(5); 3599.01(2).
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footnote16_jA8ja6j2ZK2R
16
Ohio Rev. Code Ann. § 3599.24(3).
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footnote17_niWiKBeyLbkr
17
Ohio Rev. Code Ann. §§ 3599.24(2), (5), (6), 3599.26.
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footnote18_jT3p9xzy4SXl
18
Ohio Rev. Code Ann. § 3501.90(A)(1)(a).
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footnote19_nUSQQdkPnIRf
19
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/.
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footnote20_rms8O2iTNQxM
20
Manual, 274.
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footnote21_o0ZcmkYqtmqU
21
Manual, 274.
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footnote22_gphZusP8FbFG
22
Manual, 274.
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footnote23_m2D0Gldkch3y
23
Manual, 274.
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footnote24_uO8wrOAfGOwV
24
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.
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footnote25_i7Y8PKuHeL3u
25
Manual, 276.
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footnote26_qkkynO7dDvO2
26
Ohio Rev. Code Ann. § 3501.33.