What poll watchers can and can't do
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Illustration: Eniola Odetunde/Axios
Poll watchers, historically under-the-radar volunteers in the voting process, have come to the forefront in recent elections as margins tighten and disinformation about election security spreads.
The big picture: These election observer roles were initially created to ensure fairness in the election process, but the work they perform has become scrutinized in a hyper-partisan political climate.
- Former President Trump's campaign and Republican political organizers have organized and trained tens of thousands of poll watchers and workers this cycle, including observers who have baselessly denied former President Trump's 2020 election loss.
Reality check: Voter fraud in the U.S. is rare.
- Intimidation or false allegations by poll workers "can confuse voters, motivate laws that make it harder to vote, and inspire more poll watchers to intimidate and harass voters in the quest for shaky evidence of fraud," the Brennan Center warned.
What is a poll watcher?
Poll watchers are appointed to observe an election without disrupting the process or violating laws regarding voter privacy, per the U.S Election Assistance Commission.
- Rules vary by state as to who can appoint a poll watcher. Most often, they're appointed by political parties, candidates, ballot issue committees or civic groups.
- Many states allow just one watcher per party per polling place. They're present during early voting, the counting of absentee ballots and on Election Day.
Their required qualifications and responsibilities vary by state.
- Typically volunteers, poll watchers are often required to be registered voters in the state or county of the precinct they're monitoring.
Between the lines: Partisan poll watchers have been part of U.S. elections since at least the 19th century to counter voter fraud and violence, which were rampant at the time, per PBS' Retro Report.
- In the 20th century, they helped identify discrimination and disenfranchisement of Black voters.
What are their responsibilities?
How it works: Poll watchers are tasked with reporting issues they spot to polling place authorities and party officials, per the National Conference of State Legislatures.
- They monitor vote equipment preparation, the opening of their assigned polling precinct, ballot accounting, vote counting, canvassing of mail-in ballots and ballot transport.
The fine print: The accreditation process, which differs from state to state, includes training, swearing in and wearing a badge during shifts.
- Poll watchers are prohibited from interfering in the electoral process, including through voter intimidation.
- Intimidation tactics could include viewing personal voter information, announcing voter information aloud, challenging voters, taking photos or videos or invading voters' personal space, per the Brennan Center for Justice.
"The vast majority of voters will have seamless experiences," Andrew Garber, a Brennan Center staff expert, wrote in June.
- Most states prohibit watchers from interacting with voters. In some, watchers are confined to designated areas.
How have poll watchers clogged recent elections?
Context: Recent elections have seen more abuses by watchers toward voters and poll workers, per the Brennan Center.
- In a few scattered instances in 2020 and 2022, individual watchers accused a voter of not looking like a U.S. citizen; tried to view private voter data; took photos of election administrators; and stood between voters and voting machines, per the Brennan Center.
Flashback: Trump in 2016 baselessly claimed ahead of the election that it'd be "rigged" election (which it was not).
- By 2020, Trump's campaign cited unreliable testimony from poll watchers and challengers in lawsuits challenging results, according to the Brennan Center.
- Since 2020, at least 21 bills were enacted across 17 states that changed the observation process for poll watchers — either by adding guardrails to limit potential interference or by expanding their authority, according to the Voting Rights Lab.
Friction point: Poll watchers' access to private spaces and records can create a risk of abuse, per the Brennan Center.
- Election workers have to pause other work if poll watchers submit constant requests to review poll books or repeatedly claim to witness fraud. The voting process at a polling place can be subsequently delayed.
What's going on with poll watchers this year?
Election officials have raised concerns about Republican poll watcher-caused disruptions and voting delays, multiple outlets reported.
- Trump's team has built a network of tens of thousands of poll watchers and workers, who are encouraged to focus on "election integrity," Axios' Sophia Cai previously reported.
- Political organizers on the far-right this campaign cycle have trained poll workers and watchers in swing states, per ProPublica. One of their directions is to report issues promptly to Republican National Committee "war rooms."
Read more about state-to-state rules for poll watchers:
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