Sharing the Facts About Election Monitors

Election observers are a normal part of American elections.

Observers’ roles, legal authority, and level of access to observe voting may differ depending on what state or federal law applies, but one principle is true among all of them: State and local election officials remain responsible for administering elections, protecting voters, and securing ballots and voting equipment.

Voters may see more observers than usual during this November’s midterm elections. Political parties and nonpartisan organizations are also expanding longstanding observation programs, and the Justice Department has said it plans to deploy about 1,000 election monitors nationwide.

Whether the observer is a Justice Department monitor, congressional staff, a political party representative, or a nonpartisan observer, they are on site as part of the process to ensure free and democratic elections.

State and local election officials worked with Justice Department election monitors during the primaries, and they’ve continued to witness free and fair elections. But Justice Department election monitors have no special federal statutory authority to be at polling locations and must carry out their duties consistent with state law. During Wyoming’s primary, state officials opened an investigation after two Justice Department election monitors sought access and activities that local officials said were not permitted under state law.

Observers cannot interfere with voting, intimidate voters, handle protected election materials without permission, or substitute their judgment for the officials responsible for running the election.

No matter how many observers are present this year, the same basic rules apply: Observers must stay within the limits of their recognized legal authority, and state and local election officials remain in charge of the voting and ballot-counting process. Election observation is part of the process. Election interference is not.

Here are some key takeaways about the different types of election observers and their roles:

On election monitors’ role generally

• Our Constitution is very clear: States are responsible for administering our elections. Federal election monitors and other observers are part of our transparent election system.
• States are committed to ensuring that every eligible voter can cast their ballot and make the voice heard. They are considering all options to prevent any effort to intimidate voters or interfere with our elections.
• Each type of election monitor has clearly outlined roles and responsibilities and limits to their authority depending on state or federal law.
• Normal exercises of an observer may include asking questions of poll workers, taking notes, or raising concerns with on-site staff.
• But all observers must adhere to state law and do not have authority to interfere with voting, intimidate voters

Justice Department election monitors’ role

• Justice Department election monitors have traditionally cooperated with state and local election officials to ensure their presence doesn’t interfere with election administration, operations, or intimidate voters.
• The role of Justice Department election monitors is largely limited to civil rights enforcement—checking things like compliance with federal voting laws that protect against racial discrimination and voter intimidation and making sure there is required language assistance and accessibility.
• Justice Department election monitors must comply with state law, and they have no authority to observe beyond what a member of the public has, unless state law grants them additional rights.
  • They have no authority to interfere with state or local administration of elections or to demand the production of documents or hands-on access to voting equipment or election materials.
• They do not have independent authority to enter restricted polling places or election facilities, inspect voting equipment, handle ballots, or demand immediate access to election records simply because they work for the Justice Department.

Congressional election observers’ role

• Congressional observers traditionally work in bipartisan teams.
• Congressional observers have broader access. They can watch the process and ask questions, but state and local election officials remain responsible for administering the election.
  • Specially designated, credentialed congressional staff can observe how federal elections are carried out, from voting through counting, audits, recounts, and certification.
• Congressional observers cannot interfere with voting or election administration.
  • They cannot handle ballots or election equipment, direct election officials, advocate for a candidate, interfere with voters, or compromise ballot secrecy. If they do, they can be removed, despite their federal authority.

Partisan poll observers’ role

• Often called poll watchers or challengers, poll observers are typically appointed by political parties or candidates. Some states also allow nonpartisan organizations to appoint observers.
• State law sets the rules for poll observers.
  • States determine who can observe, where they can go, what they can see, and how they must conduct themselves.
• Observation does not mean unlimited access.
  • Election officials can enforce rules about where observers stand, whom they can speak with, and whether they can use phones or take photographs.
• Poll observers cannot disrupt voting, interfere with election workers, intimidate voters, or compromise ballot secrecy.