Attor­ney Gen­er­al Ken Pax­ton Issues Legal Opin­ion to Clar­i­fy Elec­tion Offi­cials’ Author­i­ty and Pro­tect Elec­tion Integrity

Attorney General Ken Paxton issued a formal legal opinion clarifying the authority of state election inspectors and poll watchers under the Texas Election Code. The opinion provides clear guidance to election officials to ensure uniform compliance with Texas law and to protect election integrity across the state. 

Attorney General Paxton explains that state inspectors appointed by the Secretary of State are legally authorized to take reasonable steps to gather evidence, which includes taking photographs, while performing their official duties at polling locations. The opinion makes clear that inspectors are exempt from the general prohibition on recording images within 100 feet of a voting station when conducting their official duties. However, inspectors may not observe the preparation of a ballot by a voter who is not being assisted by an election officer. 

The opinion further clarifies that poll watchers may not be prohibited from observing the counting or movement of mail-in ballots. Under Chapter 33 of the Texas Election Code, poll watchers are entitled to observe any activity conducted at the location where they are serving and may not be denied free movement where election activity is occurring, including the “processing or counting” of mail-in ballots by an early voting ballot board or signature verification committee. 

“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.” 

Attorney General Paxton has taken numerous landmark actions to protect election integrity, including defending Texas’s voter ID laws and Texas’s ban on ballot harvesting. Last week, the Office of the Attorney General announced its illegal voting tipline, which allows Texans to report suspected illegal voting and violations of election law.  

To read the opinion, click here.