Can poll watchers open carry firearms in Texas? What to know for 2022 midterm elections
Early voting for the Nov. 8 midterm elections started Monday and will run through Nov. 4.
When going to cast a ballot in Tarrant County this election season, voters may see political campaign signs and electioneering take place outside of polling places, but they could also see poll watchers at their location.
Poll watchers are not the same as electioneers, who are restricted to staying 100 feet from a polling place.
Here’s what to know about poll watchers:
What is the purpose of a poll watcher?
A certified poll watcher’s job is to observe and report any suspected violation of the law conducted at a polling location.
Are poll watchers legal in Texas?
Yes, poll watchers are legal at Texas voting locations.
The Texas Secretary of State maintains a training portal for people to get certified as a poll watcher. The Texas Election Training Portal can be found on the Secretary of State’s website or on VoteTexas.gov.
How can you become a poll watcher?
Poll watchers must go through a training and be certified in order to be accepted for service at a polling location.
The Texas Election Training Portal requires potential poll watchers to set up an account through the website before proceeding with the training.
The training is divided into modules consisting of 2-6 lessons each. An exam must be completed at the end of each course to show an understanding of the course materials.
Once the training is complete, poll watchers should print their certificate of completion. The Secretary of State recommends printing multiple copies of the certificate as they will be required to surrender a copy of the certificate of completion and their certificate of appointment.
In order to serve at a polling location, a poll watcher must present the certificate of completion of the training and a certificate of appointment to the presiding polling place judge.
What can poll watchers do?
A certified poll watcher is entitled to sit or stand near election officers to observe their activity.
Poll watchers can begin service once the polling location’s presiding judge arrives at the polling place on election day and may remain at the polling place until the presiding judge and the clerks complete their duties, according to the Texas Election Code.
Watchers can serve over five continuous hours at a polling place during the hours they choose, however if they are present during the polling location’s ballot count they must stay until the count is complete, according to the Texas Election Code.
What restrictions do poll watchers have?
The Texas Election Code allows for a presiding judge to call law enforcement to remove a poll watcher if they commit a breach of the peace or a violation of law.
According to the Secretary of State’s Elections Division, poll watchers are not allowed to converse with or harass voters and cannot be near the voting stations while individuals cast their ballots.
Poll watchers cannot have a device capable of recording images or sound, such a mobile phone, unless the device is disabled or deactivated. Watchers can leave the polling place to temporarily use a cell phone or other wireless device, which does not count against their continuous five hours of service.
All poll watchers must wear a name tag provided by the presiding judge or other election officer, according to the Secretary of State’s Elections Division.
Can poll watchers be armed?
The Texas Penal Code prohibits people from bringing firearms onto polling place premises, unless the person is a police officer.
Are poll watchers allowed to wear campaign attire?
Poll watchers, like everyone else, are not permitted to wear campaign attire or anything expressing preference for or against a candidate, ballot measure or political party within 100 feet of a polling place, according to the Texas Election Code.
This story was originally published October 27, 2022 at 4:11 PM.
