Texas: Protections Against Intimidation of Voters and Election Workers

Voters in Texas have the right to vote free from intimidation under federal and state law.footnote1_yedtwLfSNorZd6g9wfRyqGFmO7U5YUlEL0W2MZ2eNM_dNY39NujAzu01 See, 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_kPlsgVP7u0d71 See 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:

• Influencing or threatening to influence a voter not to vote or to vote in a particular way.footnote2_BXuZhyvoBW8OlBIEmHdekcwOhYGmE9LJ175u2EFdhlg_oPDaW0JeH1lH2 Tex. Pen. Code § 36.03(a)(2).
• Harming or threatening to harm a voter because the voter voted for or against a candidate or measure, or the voter refused to reveal how they voted.footnote3_hfctGBJhncsERaTUqBmmDaA8EI7ZWWD8x7Apc0ENY_fwA9i26HSXDs3 Tex. Elec. Code § 276.001.
• Indicating to a voter in a polling place by word, sign, or gesture how the voter should or should not vote.footnote4_okBkpRbyHH7Qbi4On-7Ko0qJZDh1alN0PRY6XeTrA_iBcbv6NHzpfU4 Tex. Elec. Code § 61.008.
• Loitering or electioneering for or against any candidate, measure, or political party within 100 feet of a polling place.footnote5_bercAwglaEv0LEOg8NwimRa0GUM8x7chpPD7WSS6YlA_r2i13BAVuBxV5 Tex. Elec. Code §§ 61.003, 85.036.
• Tampering with voting equipment.footnote6_wPWURF24IRo175ywvMJox-o1bCbVJQQK6jXuwClo_ftOGGDKXdKhD6 Tex. Elec. Code § 127.127.

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 NVRA expressly recognizes that National Change of Address information is not sufficient on its own to serve as the basis for canceling a voter’s registration.footnote7_PLl6vSUctQ9PTGM3shI44UyFWwX0znRa3QTtakW9uDg_uHKmMQNEtFrC7 52 U.S.C. § 20507(c)(1)(B).
• The NVRA prohibits the systematic removal of voters from the rolls within 90 days of a federal election.footnote8_gMU4pKaaGGtR0djXke9owYAHAATVZbmZt7GBXP2Bc7Y_ljyPkK5qrpLz8 52 U.S.C. § 20507(c)(2)(A).

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:

• In Texas, not just anyone can be an observer at the polls; unauthorized watchers are not permitted at polling places.
• Watchers must be appointed in advance of the election by party or candidate representatives.footnote9_RZ69pYr2–6jnpoNtIiH4DK51yFPKJc4NosA-VhkLmc_dfSEgMA1pBlV9 Tex. Elec. Code §§ 33.002, 33.003.
• Poll watchers must provide a certificate of appointment and certification of completion of poll watcher training to officials on Election Day.footnote10_nmNmpEUTfP9suV36NrHphVh22TcJ-MZDZw9WLpDuQo_arZjBPfhbAO910 Tex. Elec. Code § 33.051(a). Poll watchers must wear identification provided by the poll manager or superintendent during the watcher’s hours of service at the polling place.footnote11_vlYWzseIz6QbGDpKQsl50PKhHcCR9hL-8Cw5lThG5N0_qs5kC9Gy5AjO11 Tex. Elec. Code § 33.051(f).
• Federal law, including case law, limits the use of law enforcement officials or observers wearing official-seeming clothing in polling places.footnote12_Zx0Hp9v45NMbTMEnF5ri12-e1CSJ3Oz5J68dIorWA8_qfqVJWoIi67p12 18 U.S.C. § 592; 52 U.S.C. § 10102; Democratic National Committee v. Republican National Committee, 671 F. Supp. 2d 575, 579–80 (D.N.J. 2009) (individuals in official-seeming attire intimidated voters).

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

• Each candidate and party may appoint no more than two poll watchers to each precinct polling place.footnote13_cnecRBmn8xhXoZrOxpvozXRq5DpsGDcaMx3Uso3Q_pxfj2WngPZci13 Tex. Elec. Code § 33.007(a).
• Pursuant to the oath all poll watchers must take, poll watchers should not in any way interfere with the conduct of the election.footnote14_Z66BVOJyW4BsscKgqc3v5zRusVLW37PpQfhlGFnDoF4_vG6KINFNWjde14 Tex. Elec. Code § 33.051(h). Poll watchers cannot speak to voters or talk to election officers about the election (except to call attention to an irregularity).footnote15_t22E0ghH2qpJAQcPOM4NKDApKo6WTdJcGrf0YYam2E_kbHDix4BaLly15 Tex. Elec. Code § 33.058.

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_sGVXVx2j2vKW16 Tex. 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_jY3aiFtmCeEH17 Tex. 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_eU0Ceb9wuEGE18 18 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.