Dear Texas Election Officials:

The Office of the Attorney General has received reports of poll watchers being dismissed for not maintaining more than six feet of social distancing from voters or election workers. Dismissing poll watchers for this reason is inconsistent with guidance issued by the Secretary of State, and may constitute a violation of the Texas Election Code.

On June 18, 2020, the Secretary of State issued Election Advisory No. 2020-19, which states in part: “While working, employees and polling place workers should maintain at least six feet separation from other individuals not within the same household, to the extent feasible.” (emphasis added). Similarly, with respect to poll watchers, the advisory states: “To the extent feasible, poll watchers should maintain at least 6 feet of separation from other individuals not within the same household.” (emphasis added). In many cases, it may not be feasible for a poll watcher to maintain six feet of separation from voters or poll workers while verifying voting activity or the accuracy of voting processes. In such cases, poll watchers must be allowed to sit or stand less than six feet away from others to discharge such duties.

Preventing poll watchers from conducting their duties by rigidly enforcing a six-foot distancing requirement or excluding poll watchers from polling places altogether if they fail to maintain six feet of social distancing in all cases may violate the Texas Election Code. Section 33.056 of the code entitles “a watcher…to observe any activity conducted at the location at which the watcher is serving,” among other duties and responsibilities. Section 33.061, in turn, makes it a criminal offense to obstruct a watcher from observing election activity.

In sum, there may be times where it is not feasible for a poll watcher or worker to maintain six feet of separation from other individuals in order to perform his or her statutorily-prescribed duties. In such cases, poll watchers and workers must be permitted to come within six feet of other individuals to do their jobs. Election officials who prohibit watchers and workers from doing so are acting unlawfully.

Please ensure this is observed at all polling locations.

Thank you.

Sincerely,
Office of the Attorney General of Texas