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.footnote1_fpnIRDZWzOvxL4XDzNHQksJBK6YL7y-eOM0sMyiUfbw_rapYe61Jsfe61 Tex. Elec. Code § 33.002(a). In most cases, a candidate’s campaign treasurer may act as a proxy and appoint poll watchers on the candidate’s behalf. For more on candidate appointments by proxy, see Tex. Elec. Code § 33.002(b)-(c). Groups of registered voters may also appoint poll watchers on behalf of write-in candidates if they meet the criteria in Tex. Elec. Code § 33.004.
  • The county chair of any political party that has at least one nominee on the ballot.footnote2_i8IDflb5cwKpWBDRNCsEZwa9vluolmjjLQ1tFc4lOI4_snSKhJZ88AM42 Tex. Elec. Code § 33.003(a). If the county chair does not make an appointment, any three members of the county executive committee may make the appointment.footnote3_u6dEY7AFQZfijTp0aQ0lZSBikJg80BHkhlo68MgiI_tzsNoXfZwqsy3 Tex. Elec. Code § 33.003(b).
  • The campaign treasurer or assistant campaign treasurer of a ballot measure committee.footnote4_LShO0rIu0LQWQjT1bvV6JHnoWXydllf-kn-LKvs2VLY_bRpF3IIG73hz4 Tex. Elec. Code § 33.005(a). This provision does not apply to committees for referendum measures submitted in a primary election. Tex. Elec. Code § 33.005(b).
• 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.footnote5_FAymZ26dqjMUTZF5mHmrO3TLR0l35j-8jxiCOOTmY4_uUnWYS5jOCsA5 Tex. Elec. Code § 33.007(a)-(b).
• Poll watchers may be appointed only for a precinct within the county where they are registered to vote.footnote6_hcBwgMo6lWQKwG8JApRHvr2A-A8IxekFrgXKDt5rl8_vDSMM5NfrKUj6 Tex. Elec. Code § 33.031(a). They do not need to be registered at their appointed precinct.footnote7_Tz-76aW17XfBC6e3LpTlpX927aBRKsT3iH7ipjPiSck_m8jAGqQi01m57 Tex. Elec. Code § 33.031(a); TX Secretary of State, Elections Division, Poll Watcher’s Guide, revised August 2023, 3, https://www.sos.state.tx.us/elections/forms/pollwatchers-guide.pdf.
• Candidates for office, public officeholders, and people convicted of an election-related offense may not serve as poll watchers.footnote8_uKOPMPowsV2zzdNkcvTZWv6hxjuhu1nmWxsumNKpQYQ_sx3nWm4GH0Da8 Tex. Elec. Code §§ 33.032, 33.034–33.035.
• Poll watchers must complete the secretary of state’s training program.footnote9_wg8KLEN9pK0yJSHyOhZ2us9Szffe0–1yQ0nedho8kYk_sRhHr9fiZLQT9 Tex. Elec. Code § 33.031(b); TX Secretary of State, Poll Watcher’s Guide, 10.
• 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.footnote10_p4iETDgpEX6FhaOpOkM10RcZwH-uC-O0QYvngZLQeXs_lqjOlOrIBaH010 Tex. Elec. Code § 33.006(a); TX Secretary of State, Poll Watcher’s Guide, 3, https://www.sos.state.tx.us/elections/forms/pollwatchers-guide.pdf. Certificates of appointment must meet the requirements of Tex. Elec. Code § 33.006(b), all of which are provided for in the secretary of state’s certificate of appointment forms. See Texas Secretary of State, Election Form 4–26: “Certificate of Appointment of Poll Watcher by a Candidate,” https://www.sos.state.tx.us/elections/forms/pol-sub/4–26f.pdf, Form 4–27: “Certificate of Appointment of Poll Watcher by a Political Party,” https://www.sos.state.tx.us/elections/forms/pol-sub/4–27f.pdf, Form 4–28: “Certificate of Appointment of Poll Watcher For Propositions or Measures,” https://www.sos.state.tx.us/elections/forms/pol-sub/4–28f.pdf, and Form 4–29: “Certificate of Appointment of Poll Watcher by Registered Voters on Behalf of a Write-In Candidate,” https://www.sos.state.tx.us/elections/forms/pol-sub/4–29f.pdf, all revised September 2023.

Role of Poll Watchers

• Poll watchers observe the conduct of the election, without causing disruption, on behalf of whoever appointed them.footnote11_jQDyAloy7hppoi16TXQtbqDl8nKWvizbaxFsUYlkI8_qgsV7vzP91Ni11 Tex. Elec. Code §§ 33.001, 33.0015.
• Poll watchers report any suspected irregularity or violation to election officers.footnote12_KhNxzjZOJunag03oRqKefdzENkifJNMX1wVxOk3ECw_i7aVdTbU9wCg12 Tex. Elec. Code §§ 33.0015, 33.058(b).
• Poll watchers must wear a form of identification that is provided to them by an election officer.footnote13_zRvm7P7ZVi8nCOezu7BDSeVhexIwk3oRCNFWLOPhRMc_gg73mGETE5FF13 Tex. Elec. Code. § 33.051(f).
• 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.footnote14_qenKsvNIslhSdSYOWpu1FDko68bpR1WBYWn9-HHG9SY_ab0qo1NNAKOV14 Tex. Elec. Code §§ 33.056(a), (d); 33.057(b).
• Poll watchers may inspect returns and other records prepared by election officers at their location.footnote15_NLgW0DIpObzU6WqU01wKsYQzhl6Gw4oZOvCecKuHjg_kcJhcSIEsNmY15 Tex. Elec. Code § 33.056(c).
• 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.footnote16_lLdBAyyhQ5Q6AnKLJfVVhQJPgsOoaASpd5NyW3kDapM_oJGDOhk8Z4Oo16 Tex. Elec. Code § 33.058(a)(2)-(3).
• 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.footnote17_PCaJ5vaTNAmMKb1wVW-cV91b3YLPUQo9uqOvnqa7sQ_qJEBIpwxmvoW17 Tex. Elec. Code § 33.058(a)(1). Additionally, subsection (b) provides that if a poll watcher calls a potential irregularity or violation to the attention of a subordinate election officer, and the subordinate refers the poll watcher to the presiding officer, the poll watcher may not discuss the matter further with the subordinate unless invited to do so by the presiding officer.
• 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.footnote18_zkQdvw0VbG999nHMWEd-cuyS34rPqpXn3J3fADyKQA_v9slaMdBV7IA18 Tex. Elec. Code § 33.051(h).
• Using Devices: Poll watchers must deactivate any device in their possession that is capable of recording images or sound.footnote19_3HtPxRr3wOcHxavCUB34cn-Rb8IBYBKohJZW5WFFc_aqyVOuMFdlRv19 Tex. Elec. Code § 33.006(b)(6).
• 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.footnote20_z0f-YAC44E3S0oAxsHcpRNq0HCsPgmC9aVazwWyyi-w_y81RDhyosJTc20 Tex. Elec. Code §§ 61.003(a), 85.036(a). Electioneering includes the posting, use, or distribution of political signs or materials.footnote21_qRimk8fmvr3ClXekU6kIIL-7oQ0Jq-bk5tdAMz0V2E_rjt88Qyb5Ksl21 Tex. Elec. Code § 61.003(b)(1).
• Voter Intimidation: Under Texas law, voters have the right to vote in secret and free from intimidation.footnote22_IlSonLYgdepNKztMKqz8mu7iY92sNtVL1NmiN2gC03M_uB20ZpgKptgd22 Tex. Elec. Code § 62.0115(b)(2); 52 U.S.C. § 10101(b); TX Secretary of State, Election Form 7–36: “Voter Information,” revised September 2023, https://www.sos.state.tx.us/elections/forms/pol-sub/7–36f.pdf.

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.footnote23_cZpayQC5WK6ylmVtvi8C4p5IrzsZeEebO06Lq7y1LMI_nDxjAQY4mM7a23 18 U.S.C. §§ 241, 594; 52 U.S.C. § 10101(b). More 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.footnote24_JWGoIRq3Puk493QMpl4uVZeTiro3M2KqjTyCtW0Lzw_ejh2rJl72oAO24 Tex. Elec. Code § 32.075(g).
• 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.footnote25_UAIBlUlMFc04fCPJlCv80ljpumbT2b2NLy2PA9GctvM_ek4GJiIKVaT525 Tex. Elec. Code § 32.075(g); TX Secretary of State, Poll Watcher’s Guide, 13.
• The presiding judge may call a law enforcement officer to remove a poll watcher.footnote26_xiH1bZYgCXMs3bKiunwjFqHju3IF1HTYJP1dhW5GNH4_lpc2gutIcB9A26 Tex. Elec. Code § 32.075(h).
• 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.footnote27_EFFQF4xlgO5WzM0xGmHvHz8Rs7oPyyrdaDZfN4cZTuE_sewvEhiZEwmQ27 Tex. Elec. Code § 33.061.
• Texas law empowers the presiding judge of each precinct to preserve order, prevent breaches of the peace, and prevent violations of the election code.footnote28_KNVGH9tdkVT7shDyc0J2NtHeQGfY1sAUGLIh3S8AQgE_eC1YSgO0zuuI28 Tex. Elec. Code § 32.075(a). They may issue arrest warrants to fulfill those duties.footnote29_zWgsNwJcN1VBOt5Gj5Uwp0gV09VZ98u84b06pR1QgUY_tE6mP8MoHoiY29 Tex. Elec. Code § 32.075(c).