WHO CAN OBSERVE – A partial list
How easy – or hard – is it to observe how elections work
in your state or county?
Wondering who may enter the polling place during the
general election?
Here are some interesting facts:
- California
makes no restrictions. Interested citizens may observe.
- Arizona, Delaware and Washington allow watchers who are
selected by a political party.
- Arkansas, Florida, Georgia and Vermont allow watchers selected by
a political party, and by candidates or groups of candidates.
- Colorado
allows watchers selected by a political party and by candidates or groups
of candidates. The watcher must take an oath. Colorado also allows party candidates
and party officers to be in the polling place (while not voting).
- Hawaii allows watchers selected by a political party, only if the watcher is a
registered voter of Hawaii.
Candidates’ relatives are prohibited from being watchers. Source: http://www.hawaii.gov/elections/factsheets/fspo402.pdf
- Illinois allows watchers selected by a political party, by candidates, and watchers
selected by other organizations (civic organizations, organized proponents and
opponents of a specific ballot measure). Candidates and party officers may also
watch (if they have credentials, as required for other watchers). Source: http://www.willclrk.com/images/pdffiles/Pollwatcher'sGuideforWebsite.pdf
- Iowa
allows watchers selected by a political party and by candidates or groups
of candidates, and watchers selected by other organizations. Iowa also allows
children and adults engaged in educational programs.
- Kentucky
allows watchers selected by a political party, only if the watcher is a
registered voter not just of Kentucky,
but also of the county where s/he observes. Kentucky also allows children and
adults engaged in educational programs.
- Louisiana
allows watchers selected by a candidate or group of candidates, but only
if that watcher is a registered voter in Louisiana.
- Maine
allows watchers selected by a political party and by candidates or groups
of candidates, and watchers selected by other organizations. Maine also allows party officers to be in the polling place (while not voting), and all other persons not engaged in political activities.
- Michigan
allows watchers selected by a political party or by other organization(s),
but only if that watcher is a registered voter in Michigan.
- Minnesota
allows watchers selected by a political party, but only if that watcher is
a registered voter in Minnesota.
Minnesota
also allows children and adults engaged in educational programs, and
representatives of the news media.
- Missouri
allows watchers selected by a political party, only if the watcher is a
registered voter not just of Missouri,
but also of the county where s/he observes. Missouri also allows children and
adults engaged in educational programs, representatives of the news media,
and international election observers.
- Montana allows
watchers selected by a political party or by a candidate or group of
candidates. Montana
also allows watchers selected by “any group having an interest in the
election.” Source: http://data.opi.state.mt.us/bills/mca/13/13/13-13-121.htm
- Nevada
allows watchers who are not engaged in political activities, but expressly
prohibits representatives of the news media.
- New
Hampshire allows watchers selected by a
political party, and watchers selected by the state.
- New
Jersey allows watchers selected by a
political party and by candidates or groups of candidates, and also allows
children and adults engaged in educational programs.
- New Mexico
allows watchers selected by a political party and by candidates or a group
of candidates, only if the watcher is a registered voter not just of New Mexico, but
also of the county where s/he observes.
- North Carolina
allows watchers selected by a political party and by candidates or a group
of candidates, only if the watcher is a registered voter not just of North Carolina, but
also of the county where s/he observes. North Carolina prohibits requiring
observers to take any oath.
- Ohio
allows watchers selected by a political party and by candidates or a group
of candidates, only if the watcher is a registered voter in Ohio. The watcher
must take an oath.
- Oregon
allows watchers selected by a political party and by candidates or a group
of candidates, and watchers selected by the state. Oregon also allows children and adults
engaged in educational programs.
- Pennsylvania
allows watchers selected by a political party and by candidates or a group
of candidates, only if the watcher is a registered voter not just of Pennsylvania, but
also of the county where s/he observes.
- Tennessee
allows watchers selected by a political party and by candidates or a group
of candidates, as well as representatives of the news media.
- Texas allows watchers selected by a political party and by candidates, as well
as by proponents or opponents of a particular measure on the ballot and
party officers, only if the watcher is a registered voter not just of Texas, but also of
the county where s/he observes. Texas
prohibits candidates who are not in the process of voting, as well as
elected public officials, and anyone related to the election officials. Source: http://www.sos.state.tx.us/elections/pamphlets/pollwatcher.shtml
- Vermont
(see #3 above). Note that challengers are permitted only outside guardrail
six feet from voting booths and ballot boxes.
- Virginia
allows watchers selected by a political party and by candidates or a group
of candidates, only if the watcher is a registered voter not just of Virginia, but also
of the county where s/he observes. Party candidates not in the process of
voting are prohibited. Virginia
also allows children and adults engaged in educational programs and
representatives of the news media. Virginia’s
code also allows local electoral boards to authorize “neutral observers.”
- Washington
(see #2 above).
- West
Virginia expressly prohibits all other
persons not engaged in political activities.
- Wisconsin
prohibits party candidates not in the process of voting; and allows all
other persons not engaged in political activities.
Is your state missing from this list?
That’s part of the reason we put together the state and
local versions of the Election Transparency Scorecard. We want to know more
details about who can observe and by what rules, in all 50 states. You can help us: sign up today for the Transparency Project, and complete a scorecard for your state or county!
Much of the information in this document was sourced
from a survey done by the election law center at Ohio State University – for details, see: http://moritzlaw.osu.edu/electionlaw/docs/polling-place.pdf
Additional sources are noted where applicable.
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