Attorney General Ken Paxton has released a formal legal opinion clarifying the powers of state election inspectors and poll watchers in Texas. The guidance aims to ensure that election officials comply with Texas law and maintain consistent procedures across the state.
The opinion states that state inspectors, who are appointed by the Secretary of State, have the legal authority to take reasonable steps to gather evidence during their official duties at polling sites. This includes taking photographs. Inspectors are exempt from the general ban on recording images within 100 feet of a voting station when acting in their official capacity. However, they are not permitted to observe how a voter prepares a ballot unless an election officer is assisting that voter.
Additionally, the opinion clarifies that poll watchers cannot be prevented from observing the counting or movement of mail-in ballots. Under Chapter 33 of the Texas Election Code, poll watchers have the right to observe any activity at their assigned location and must be allowed free movement where election activities occur, including during “processing or counting” of mail-in ballots by early voting ballot boards or signature verification committees.
“I will protect the lawful authority of election officials to keep our election processes fair and secure,” said Attorney General Paxton. “State inspectors must be able to gather evidence when carrying out their duties, and duly appointed poll watchers must be allowed to observe election activity as the law outlines. My office will continue to ensure that our election laws are followed and that the integrity of the ballot is protected.”
Paxton’s office has previously taken actions such as defending Texas’s voter ID laws and enforcing restrictions on ballot harvesting. Last week, it announced an illegal voting tipline for Texans to report suspected violations of election law.
The Attorney General’s office operates through 117 offices across Texas supporting its various divisions (official website). With more than 4,000 employees working in 38 divisions, including about 750 attorneys managing over 30,000 cases annually (official website), it upholds state laws and provides legal support for government entities while defending residents through consumer protection enforcement (official website). The agency coordinates efforts among divisions such as child support and consumer protection (official website) and offers services like legal counsel for the state, child support enforcement, and fraud prevention (official website).
To read the full opinion, click here.