Arkansas, Texas poll watchers must follow rules
TEXARKANA — Not just anyone may observe voting at polling places and vote-counting in Arkansas and Texas, and the actions of those allowed are restricted by state law.
With early voting about to begin in both states and political campaigns making claims of potential voter fraud, interest in poll watching during this year’s election is up. But a raft of rules constrains who may be a poll watcher and what poll watchers may do.
In both Arkansas and Texas, state law limits the numbers of poll watchers, requires them to be appointed and certified by certain groups or candidates, and dictates just how they may observe and challenge voting and vote-counting.
ARKANSAS
In Arkansas, poll watchers can be authorized by political parties with candidates on the ballot, candidates, or groups advocating for or against ballot issues, and
they must present an authorization form to the county clerk where the election will take place, according to guides published by the State Board of Election Commissioners.
“Candidates may not be poll watchers at polling places on Election Day. They can be present at early voting locations only for the purpose of observing whether or not votes are fairly and accurately cast, but a candidate may not challenge voters as a poll watcher during early voting and may speak only to a designated poll worker.
A candidate may be present in person as a poll watcher during the counting and tabulation of ballots and the processing of absentee ballots.
Only one poll watcher per candidate, group or party may be at each polling location or at the site of ballot-counting.
Authorized and recognized poll watchers may challenge a voter only on the grounds that the voter is not eligible to vote in the precinct or that the voter has already voted in the election.
Poll watchers may stand close enough to where voters check in to hear the voter’s name. They may compile lists of voters and call any perceived irregularity or election law violation to the attention of an election sheriff.
Poll watchers may not be within 6 feet of any voting machines or booths, speak to voters, try to influence voters inside a poll or within the 100-foot-radius prohibited electioneering zone, or disrupt elections.
To challenge an ineligible voter, they must notify a poll worker of the challenge before the voter signs the registration list and file a challenged ballot form.
When election clerks during the processing of absentee ballots read the name and precinct of an absentee voter, poll watchers may challenge the vote in the same manner. If a poll watcher does so, clerks must consider the absentee ballot as a provisional ballot.
TEXAS
In Texas, poll watchers can be authorized by candidates, political parties, or the proponents or opponents of a measure, and they must present a certificate of appointment to election officials, according to a guide published by the Secretary of State Elections Division.
Poll watchers must be registered voters in the county where the election takes place or the smaller territory such as a school district covered by the election. They cannot be candidates in the election, hold public office, be employees or close relatives of election workers at the polling place, or have been convicted of an election-related crime.
Each appointing authority may appoint a maximum of seven poll watchers for each early voting place, and only two of those may be on duty at the same location at the same time. Each may appoint a maximum of two watchers for each precinct polling place, meeting place for an early voting ballot board or central counting station involved in the election.
A poll watcher may observe early voting by personal appearance polling place activities, including time before and after the polls close; Election Day polling place activities, including time before and after the polls close; early voting ballot board meeting activities; central counting station activities; central accumulation station activities; signature verification committee activities; voters being assisted by an election official; inspecting and securing the voting equipment; and delivery of election results from polling place.
A watcher may point out to an election judge or clerk any observed irregularity or violation of the Texas Election Code. However, if the clerk refers the watcher to the judge, the watcher may not discuss the matter further with the clerk unless the presiding judge invites the discussion.
Poll watchers must wear a form of identification such as a name tag provided by election workers.
Poll watchers may not talk with an election officer regarding the election except to call attention to an irregularity or violation; converse with a voter; communicate in any manner with a voter regarding the election; or leave during voting hours on Election Day without the presiding judge’s permission unless the watcher has completed five consecutive hours of service at the polling place.
Before polls close, watchers may not reveal how a voter has voted; the number of votes that have been received for a candidate or for or against a measure; a candidate’s position relative to other candidates in the tabulation of the votes; or whether a measure is passing or failing.
A poll watcher may leave the polling place temporarily in order to use a cell phone or other wireless communication device. Watchers may sit or stand conveniently near the election officials to observe the activities of the election.
They may make written notes while on duty. However, if the watcher is permitted to leave the polling place while the polls are open, the watcher may be required to leave his or her written notes with another person selected by the watcher who is on duty at the polling place.
Poll watchers may observe assistance given to voters by election officials and inspect the ballot before it is deposited in the ballot box to determine if it was prepared in accordance with the voter’s wishes.
They may receive an English translation of any language spoken other than English between an election official and a voter.