In Texas, can a Secretary of State election inspector take photos or video at a polling place, and can poll watchers watch the handling and counting of mail-in ballots?
Plain-English summary
Senator Bob Hall (Chair of the Senate Administration Committee) asked the Attorney General to clarify two recurring election-administration disputes:
- Can a Secretary of State election inspector take photos or video while observing election activities?
- Can poll watchers observe the handling and counting of mail-in ballots?
The Attorney General answered yes to both.
On state inspector recording: The Election Code's general ban on recording images or sound within 100 feet of a voting station (§ 61.014(a)) does not apply to "an election officer in conducting the officer's official duties" (§ 61.014(d)(1)). State inspectors are election officers conducting official duties when monitoring elections. Independently, § 34.002(a) directs inspectors to "take reasonable steps to obtain evidence" of how election activities are being performed — and "evidence" plainly includes photographs and videos under any ordinary or legal definition.
On poll watcher mail-ballot observation: Section 33.056(a) entitles a watcher "to observe any activity conducted at the location at which the watcher is serving." Mail-in ballots are handled, processed, and counted at three places: (1) early voting ballot boards, (2) signature verification committees, and (3) central counting stations. Sections 33.054(a) and 33.055(a) expressly allow watchers to be present at each of these locations. Combining those two facts means watchers can observe the processing and counting of mail-in ballots — there is no statutory exclusion. The opinion reasons that the Legislature knows how to limit watchers (it dedicated an entire section, § 33.058, to "Restrictions on Watcher's Activities") and chose not to limit mail-ballot observation.
What this means for you
If you're a county election official or election judge
Two compliance points to update in your training:
(1) Don't enforce the no-recording rule against state inspectors. If a Secretary of State inspector arrives with a phone or camera and starts recording, that's lawful. Section 61.014(d)(1)'s exception covers them. The Texas Secretary of State's Central Counting Station Handbook (Sept. 15, 2025) already contains this clarification — your local rules should mirror it.
(2) Watchers can observe mail-ballot handling. Don't bar watchers from the early voting ballot board, signature verification committee, or central counting station based on a "mail ballots are private" rationale. Section 33.056(a) is broad. The only place a watcher is barred from observing is what the Code expressly excludes (e.g., they cannot enter a voting station with a voter unless the voter is being assisted by an election officer, § 33.057(a)–(b); they cannot observe the preparation of an unassisted voter's ballot, § 34.002(b)).
You can still:
- Cordon off areas where no election activity is taking place (§ 33.056(e)).
- Enforce § 33.058(a) restrictions: watchers cannot converse with voters, can only speak to election officers to call attention to an irregularity, and cannot interfere with the orderly conduct of the election.
- Eject a watcher who actually disrupts the process — but disruption must be more than presence.
(3) Document what happens. If a watcher claims their access was unduly restricted, be ready with logs of the area layouts, when watchers were on site, and what specific instructions were given. Suits and AG enforcement actions on watcher access are increasingly common.
If you're a poll watcher
You have broad observation rights at any single location to which you're appointed. Three things to keep in mind:
- Your certificate matters. Your appointment certificate identifies the specific location where you may serve (§ 33.006(b)(4)). You don't get blanket access to every election location in the county — you must serve at the location named on your certificate.
- Mail ballots are within scope. If your appointed location includes the early voting ballot board, signature verification committee, or central counting station, you can observe the processing and counting of mail-in ballots there. The opinion expressly affirms this.
- Behave. Don't talk to voters. Don't interfere with the count. Don't try to handle ballots. Stay close enough to see and hear the activity (§ 33.056(a)) but not so close as to interfere (§ 33.0015). The Election Code dedicates a full section (§ 33.058) to what watchers cannot do — read it before you go.
If you're a candidate, party chair, or campaign attorney
This opinion is a useful citation when training your watchers and when objecting to local restrictions on mail-ballot observation. Keep a copy of KP-0519 with your watcher training packet. If your watcher is excluded from a mail-ballot location, the opinion gives you concrete statutory hooks (§§ 33.054, 33.055, 33.056(a)) to cite immediately.
The opinion also undermines any practice of telling watchers they cannot observe the cure process under §§ 87.0271 and 87.0411 — those sections explicitly authorize watchers to be present during voter contact about ballot defects.
If you're a state inspector deployed by the Secretary of State
You have authority to record. Section 34.002(a) tells you to "take reasonable steps to obtain evidence" of how election activities are being conducted — and the AG opinion confirms photographs and videos are evidence. Best practice:
- Use neutral, professional documentation. Identify yourself and your authority before recording in close quarters.
- Carry your appointment paperwork and the AG opinion in case a local official challenges you.
- Don't observe the preparation of an unassisted voter's ballot (§ 34.002(b)) and don't record voters' actual ballots.
If you're a voter
The opinion does not change your right to ballot privacy. State inspectors and watchers cannot record your ballot, look over your shoulder while you vote unassisted, or interfere with your voting experience. They are observing the administration of the election, not your vote choices. If you feel your ballot privacy was violated by recording or observation, raise it with the election judge on duty.
If you're a journalist or election-integrity researcher
Two practical takeaways:
- The Election Code's no-recording rule (§ 61.014) still applies to you. The exception in § 61.014(d) covers election officers, employees at the polling place, and election equipment — not press. Don't film inside the 100-foot zone.
- Watchers' observations and inspectors' photos/videos may become public records or may surface in election-contest litigation. Track which records the SoS preserves under § 34.002(c).
Common questions
Q: Can a Texas Secretary of State election inspector legally photograph or video the polling place?
A: Yes. Section 61.014(d)(1) exempts election officers conducting their official duties from the recording ban. Section 34.002(a) directs inspectors to obtain evidence of how election activities are being performed, and the AG concluded that "evidence" plainly encompasses photographs and videos. The Secretary of State's Central Counting Station Handbook says the same thing.
Q: Can a poll watcher observe the counting of mail-in ballots?
A: Yes — provided the watcher's appointment is to a location where the counting actually happens (typically the early voting ballot board or central counting station, depending on how the county processes mail ballots). Section 33.056(a) entitles the watcher to observe "any activity conducted at the location at which the watcher is serving." Sections 33.054(a) and 33.055(a) confirm watchers can be present at these mail-ballot locations.
Q: What about the signature verification committee — can a watcher be there?
A: Yes. Section 33.054(a) explicitly covers signature verification committees in addition to early voting ballot boards. Section 33.0016 confirms that statutory references to early voting ballot boards in Chapter 33 include signature verification committees.
Q: Can a watcher follow ballots being delivered between locations?
A: Yes. Section 33.060 entitles watchers to observe the delivery of election records — which includes the transfer of mail ballots and related materials between the early voting clerk, the signature verification committee, the early voting ballot board, and the central counting station.
Q: Can a regular voter take photos in the polling place?
A: Generally no. The 100-foot recording prohibition in § 61.014(a)–(b) applies to most people. The exceptions in § 61.014(d) cover election officers conducting official duties, election equipment necessary for the conduct of the election, and people who work at the location of a polling place while acting in the course of their employment — not voters in general. Watchers also are not in the recording exception.
Q: Can a poll watcher cure a mail ballot or talk to a voter about a defect?
A: No. Watchers cannot converse with voters or communicate in any manner with voters about the election (§ 33.058(a)(2)–(3)). The cure process is conducted by the early voting clerk, ballot board, or signature verification committee — the watcher merely observes that process under §§ 86.008(d), 86.011(i), 87.0271(e), and 87.0411(e).
Q: My county election office says watchers can't be in the room when ballots are being processed. Is that legal?
A: According to KP-0519, no. Excluding watchers from the room where mail ballots are processed contradicts § 33.056(a)'s "any activity" language and §§ 33.054(a), 33.055(a)'s explicit grant of presence at those locations. Local officials may cordon off areas where no election activity is taking place — but they cannot exclude watchers from areas where mail ballots are actually being handled, processed, or counted.
Q: Does this opinion affect federal elections?
A: It interprets the Texas Election Code, which governs the administration of federal as well as state and local elections in Texas. The opinion does not address federal election law (e.g., Help America Vote Act, Voting Rights Act) and does not bind federal courts.
Q: Can a watcher refuse to cooperate when asked to leave a specific area?
A: A watcher cannot interfere with or obstruct the orderly conduct of the election (§ 33.0015) and is generally subject to the election judge's authority to maintain order. But the legal entitlement to observe "any activity" at the appointed location (§ 33.056(a)) is real. If a watcher believes they were unlawfully excluded, the right move is to document the exclusion contemporaneously and raise it with the SoS election division and counsel — not to escalate on site.
Background and statutory framework
Texas elections are administered at the county level under the Election Code. Two oversight mechanisms exist to keep county and local conduct transparent: state inspectors appointed by the Secretary of State, and poll watchers appointed by candidates, parties, or measure proponents/opponents.
State inspectors. Under § 34.001, the Secretary of State may appoint state inspectors who are "responsible to the secretary . . . and subject to the secretary's discretion." Inspectors observe election activities and report violations to the SoS (§ 34.002(c)). Their authority to "take reasonable steps to obtain evidence" of how election functions are performed (§ 34.002(a)) is the linchpin of their oversight role.
Poll watchers. Under Chapter 33, candidates, parties, and proponents/opponents of a ballot measure may appoint watchers to "preserve the integrity of the ballot box" per Article VI, § 4 of the Texas Constitution. Watchers carry a certificate identifying the specific location where they may serve.
Mail-in ballots. Mail ballots in Texas are processed in three sequential settings:
- Early voting clerk receives the carrier envelopes from voters.
- Signature verification committee (when the early voting clerk has appointed one) compares the signature on the carrier envelope to the signature on the ballot application to detect forged signatures (§ 87.027(i)). The committee separates "good" and "bad" signature ballots and delivers them to the early voting ballot board.
- Early voting ballot board then determines whether to accept each mail ballot based on registration, signature match, and statutory grounds (§§ 87.0241(a), 87.041(b)).
- Central counting station is where ballots are tabulated by automatic equipment (§§ 87.101, 87.103) — sometimes the ballots are counted at the early voting ballot board instead, depending on county practice.
The opinion's legal logic is straightforward textualism. The drafters of Chapter 33 chose to:
- Use the broad phrase "any activity" in § 33.056(a) (the watcher's general authority).
- Authorize watcher presence at each mail-ballot setting in §§ 33.054 and 33.055.
- Add specific watcher-presence authorizations for cure-process voter contact in §§ 86.008(d), 86.011(i), 87.0271(e), 87.0411(e).
- Restrict watcher activities in a separately enumerated section (§ 33.058) — without limiting mail-ballot observation.
Combining those choices, the AG concluded the Legislature could not have meant to silently exclude mail-ballot observation. The opinion cites the canon that statutes should be read so that words are intentional and so that different provisions are harmonized.
For state inspectors, the conclusion follows from § 61.014(d)(1) and the dictionary/Black's Law Dictionary definition of "evidence."
Citations and references
Election Code provisions:
- Tex. Elec. Code § 33.056 — Watcher's right to observe any activity
- Tex. Elec. Code § 33.058 — Restrictions on watcher's activities
- Tex. Elec. Code § 34.002 — State inspector authority
- Tex. Elec. Code § 61.014 — Polling-place recording prohibition
SOS Guidance:
- Texas Secretary of State, Central Counting Station Handbook (Sept. 15, 2025)
Key cases:
- In re Mem'l Hermann Hosp. Sys., 464 S.W.3d 686 (Tex. 2015) — harmonious construction of statutes
- In re Commitment of Bluitt, 605 S.W.3d 199 (Tex. 2020) — purposeful word choice presumption
Original opinion text
March 2, 2026
The Honorable Bob Hall
Chair, Senate Committee on Administration
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Opinion No. KP-0519
Re: Regarding the legality of activities of election inspectors and poll watchers (RQ-0632-KP)
Dear Senator Hall:
You explain that your office has received reports that demonstrate uncertainty around the Texas Election Code, and you request clarification from our office "to ensure uniform application of the law across the State of Texas and to guide election officials in complying with their legal obligations." In particular, you ask (1) whether, as a matter of law, state inspectors are prohibited from taking photographs or videos while observing election activities, and (2) whether, as a matter of law, poll watchers are prohibited from observing the counting of mail-in ballots and other activities related to mail-in ballots. We, of course, agree that the uniform application of the law across the State is of paramount importance, and we address each question below.
State inspectors are not prohibited from taking photographs or videos while observing election activities.
Under the Election Code, the Secretary of State may appoint "state inspectors," Tex. Elec. Code § 34.001(a)–(b), who "are responsible to the secretary . . . and subject to the secretary's discretion," id. § 34.001(d). You ask whether, as a matter of law, these inspectors are prohibited from taking photographs or videos while observing election activities. The answer is "no."
The Election Code does generally prohibit the "mechanical or electronic . . . recording [of] images or sound within 100 feet of a voting station," and even prohibits the use of "a wireless communication device within a room in which voting is taking place." Tex. Elec. Code § 61.014(a)–(b). But the Code is clear that these prohibitions "do[] not apply to[] . . . an election officer in conducting the officer's official duties." Id. § 61.014(d)(1). As such, the general prohibition on recording images or sound does not apply to these inspectors.
Indeed, state inspectors are empowered to "take reasonable steps to obtain evidence of the manner in which a function or activity is being performed" at a variety of election locations. Id. § 34.002(a) (emphasis added); see also id. § 34.002(c) (providing that an inspector "shall report to the secretary of state any violation of law that the inspector observes"). The Election Code does not define "evidence," so we apply the term's ordinary meaning, looking first to the term's dictionary definition. See Tex. State Bd. of Exam'rs of Marriage & Fam. Therapists v. Tex. Med. Ass'n, 511 S.W.3d 28, 35 (Tex. 2017). "Evidence" means "[t]hat which demonstrates, makes clear, or ascertains the truth of the very fact or point in issue," including "[a]ll the means" by which "the truth . . . is established." Black's Law Dictionary 287 (5th ed. 1983). The term is broad and unqualified, imposing no limitation concerning photographs or videos.
"Evidence" also encompasses "[t]he means sanctioned by law" in a judicial proceeding "to ascertain[] . . . the truth." The Texas Rules of Evidence generally "apply to proceedings in Texas courts," Tex. R. Evid. 101(b), and those rules contemplate photographs and recordings as evidence, see generally id. 1001–1009. Cf., e.g., Jones v. Mattress Firm Holding Corp., 558 S.W.3d 732, 737 (Tex. App.—Houston [14th Dist.] 2018, no pet.); Kroger Co. v. Milanes, 474 S.W.3d 321, 341–42 (Tex. App.—Houston [14th Dist.] 2015, no pet.). In sum, under any ordinary legal definition of "evidence," photographs and videos are plainly included. There is thus little question that appointed inspectors are not prohibited as a matter of law from recording images or video while observing election activities.
This conclusion is confirmed by official guidance from the Texas Secretary of State, which provides that policies prohibiting the use of "devices that are capable of recording sound or images . . . in the central counting station" cannot be applied to "state inspector[s] . . . in the performance of their duties under the Texas Election Code." Texas Secretary of State, Central Counting Station Handbook 42 (Sept. 15, 2025).
Poll watchers are not prohibited, as a matter of law, from observing the counting of mail-in ballots or other activities related to mail-in ballots.
You also ask whether Texas law prohibits poll watchers from observing activities related to mail-in ballots. As a matter of law, there is no such prohibition.
The Legislature set out the duties of poll watchers in Chapter 33 of the Election Code in order "to preserve the integrity of the ballot box in accordance with Section 4, Article VI" of the "Texas Constitution." Tex. Elec. Code § 33.0015; see also Tex. Const. art. VI, § 4. The Code defines a "watcher" as "a person appointed . . . to observe the conduct of an election on behalf of a candidate, a political party, or the proponents or opponents of a measure." Tex. Elec. Code § 33.001. The appointing authority must issue a certificate of appointment, id. § 33.006(a), which must "identify the election and the precinct polling place or other location at which the appointee is to serve," id. § 33.006(b)(4).
The Election Code makes clear that "a watcher is entitled to observe any activity conducted at the location at which the watcher is serving." Id. § 33.056(a) (emphasis added). The Code also ensures that "a watcher may not be denied free movement where election activity is occurring within the location at which the watcher is serving." Id. § 33.056(e). Thus, the handling, processing, or counting of mail-in ballots would fall under "any activity" if those activities take place at a location to which the watcher is appointed.
The primary settings in which mail-in ballots are handled, processed, or counted are early voting ballot boards (§§ 87.001, .021(2), .0241(a), .041(b)), signature verification committees (§ 87.027(a)–(j)), and central counting stations (§§ 87.101, .103). Importantly, the Code specifically contemplates watchers being present and observing "any activity" at each of these locations. See § 33.054(a) (providing that a watcher "may be present at any time the [early voting ballot board] or [signature verification committee] is processing or counting ballots" (emphases added)); id. § 33.055(a) (providing that a watcher may be present at a central counting station "at any time the station is open for the purpose of processing or preparing to process election results").
Watchers are also statutorily authorized to observe the "delivery of election records" from each of these locations — again, all where mail-in ballots are handled and counted. Id. § 33.060. In sum, the Legislature would not have singled out these settings if the Legislature did not intend for watchers to actually observe the "processing or counting" of mail-in ballots at these locations.
The Code also provides watchers with specific grants of authority to observe certain unique activities relating to mail-in ballots, see id. §§ 86.008(d), .011(i), 87.0271(e), .0411(e), but these more specific grants do not limit the broader grant of authority to observe "any activity" in settings where mail-in ballots are processed and counted. See In re Mem'l Hermann Hosp. Sys., 464 S.W.3d 686, 716 (Tex. 2015); Tex. Dep't of Criminal Just. v. Canales, 715 S.W.3d 810, 818 (Tex. App.—Austin 2024, pet. denied).
These specific grants deal with situations in which election officials must interact directly with voters. Early voting ballot board members and signature verification committee members may in some circumstances contact voters — including by email or phone — to provide voters an opportunity to correct defects in mail-in ballots. See id. §§ 87.0271, .0411. The early voting clerk has the same authority to contact voters when there are defects in an application to vote by mail (§ 86.008) or defects in a ballot (§ 86.011(d)). In each situation, the Code makes clear that watchers may observe these interactions. Id. §§ 86.008(d), .011(i), 87.0271(e), .0411(e).
It is not surprising that the Legislature clarified that watchers have permission to observe these specific interactions, given that the Code generally prohibits watchers from interacting with voters and even limits watchers' interactions with election officers. Id. § 33.058(a)(2)–(3). Together, these provisions demonstrate that watchers are generally permitted to observe the conduct of election officers, even when doing so puts watchers in situations involving direct interaction between election officers and voters. These provisions also demonstrate that the Legislature knows how to limit the activities of watchers, and it has done so with specificity — dedicating an entire section of the Code exclusively to this task. See id. § 33.058 ("Restrictions on Watcher's Activities"). "When interpreting statutes, we presume the Legislature chose the statute's language with care, purposefully choosing each word, while purposefully omitting words not chosen." In re Commitment of Bluitt, 605 S.W.3d 199, 203–04 (Tex. 2020). Here, the Legislature's purposeful restrictions on watchers' activities, paired with silence on restrictions related to mail-in ballots, speaks volumes.
In sum, the Legislature would not have empowered watchers with authority "to observe any activity conducted at the location at which the watcher is serving," see § 33.056(a), and empowered watchers to be present in the very settings in which mail-in ballots are processed and counted, see §§ 33.054, .055, only to silently imply a consequential limitation on that authority that can be found nowhere in the text of the Code. Thus, watchers are not prohibited, as a matter of law, from observing activities related to mail-in ballots when those activities occur at a watcher's appointed location.
Summary
State inspectors are not prohibited, as a matter of law, from taking photographs and videos while observing election activities. Neither are poll watchers prohibited, as a matter of law, from observing election activities related to mail-in ballots.
Very truly yours,
KEN PAXTON
Attorney General of Texas
BRENT WEBSTER, First Assistant Attorney General
LESLEY FRENCH, Chief of Staff
D. FORREST BRUMBAUGH, Deputy Attorney General for Legal Counsel
MICHAEL C. COTTON, Acting Chair, Opinion Committee