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Elections 101: What to understand about poll watchers, and their abilities and limitations in Pennsylvania

Elections 101 from Spotlight PA shields you from election misinformation and enables you to make informed decisions.

Elections 101 by Spotlight PA shields you from election misinformation and empowers you to make well-informed choices.

HARRISBURG — As the 2024 election intensifies, voters in Pennsylvania may hear candidates discuss poll watchers. Chosen by candidates or political parties, poll watchers are allowed to oversee the setup of polling places, the voting process, and the counting of votes.

Poll watchers have been a significant aspect of elections in Pennsylvania and across the country, and both major parties utilize them to prevent wrongdoing. However, in 2020, they came under intense scrutiny as former President Donald Trump made multiple false or misleading statements about them.

His campaign also initiated unsuccessful legal actions arguing that its watchers should be permitted in Philadelphia’s satellite mail ballot offices and allowed to serve in counties other than their own.

Trump’s grievances continued during the extended post-election ballot count, with a state judge at one point ordering Philadelphia to allow poll watchers to get closer to ballot counting locations.

City officials objected, stating that their election workers were facing harassment due to the scrutiny and widespread confusion about the activities allowed for poll watchers.

Election officials widely agree that poll watchers are crucial for enhancing confidence in the election process, but emphasize the importance of understanding the regulations.

“Poll watching is valuable in ensuring that elections are conducted fairly,” stated Seth Bluestein, Philadelphia’s Republican city commissioner. “If people are going to be poll watchers, there are many benefits they can provide. Nevertheless, this doesn't mean that the system can't be misused.”

Here’s everything you need to understand about poll watchers, their permissible activities, and how they will be utilized in the upcoming election.

What is a poll watcher? What are the responsibilities of a poll watcher?

Poll watchers are chosen by candidates and political parties included on the ballot. They are allowed to observe the crucial elements of the election process: the preparation of voting equipment, the proceedings at polling places, and the counting of votes by election workers.

Poll watchers are distinct from poll workers, who are volunteers selected by the Pennsylvania Department of State or county election officials rather than by candidates or political parties. Poll workers assist in administering the election by performing tasks such as checking in voters at polling locations or setting up voting equipment.

There are strict guidelines that poll watchers must adhere to. For instance, they must be registered to vote in the county where they are observing.

Candidates and parties are permitted to have up to two and three watchers per polling location, respectively, although only one watcher per candidate or party is allowed at a location at any given time.

It's not always the case that the candidates and parties assign the full number of watchers that they are entitled to, so the number of watchers who show up on Election Day can vary significantly, according to election officials: ranging from zero to dozens.

“In (my county), it tends to be a little feast or famine. In a presidential year, you know you’re going to have some,” stated Forrest Lehman, Lycoming County election director. “It just takes one motivated candidate.”

Election officials say that in the past, candidates and parties mainly chose poll watchers to keep track of which registered voters showed up on Election Day.

Bluestein described the process as “knock and drag,” where candidates or parties would gather these lists during Election Day and contact “potentially favorable voters” who had not yet voted.

Individual candidates and parties can also have up to three poll watchers observe the ballot-counting process, which is also known as canvassing.

Watchers are not allowed to speak with voters or wander the polling place; they are limited to a specific area.

They are also not allowed to participate in any form of campaigning or voter intimidation: This includes talking to or questioning voters, taking photos or videos of voters or the polling place, requesting voters’ documentation, blocking the entrance to the precinct, or behaving in a threatening manner.

Any allegations of wrongdoing, such as claiming that a voter does not live in the election district they voted in, must be brought to the precinct’s judge of elections, who runs the polling place.

How to be a poll watcher

Poll watchers are chosen by a candidate or a political party listed on the ballot, and assigned to specific precincts.

Watchers must be certified by their county’s board of elections before Election Day and must have that certification with them during voting. To get certified, county election officials must confirm that the volunteer is registered to vote in the county they want to observe.

Why were poll watchers scrutinized in 2020?

Before, during, and after the 2020 election, Trump claimed that poll watchers who worked for his campaign and the GOP in Philadelphia were not given proper access to election proceedings, and claimed that they had been mistreated by election officials.

He said this lack of access indicated corruption in the state’s election process. These claims were consistently misleading.

Trump stated during a presidential debate in September 2020 that poll watchers who supported him were not allowed to observe polling places on the first day of early in-person voting in Philadelphia.

At that time, Trump’s campaign did not have authorized poll watchers in Philadelphia, and there were no traditional polling places open.

Philly’s form of early voting was a variation on the practice, in which the city opened over a dozen different satellite offices the month before Election Day; there, voters could request and fill out mail ballots and submit them in person.

Importantly, the satellite offices were not legally polling places — they had the same purpose as any other city facility where people could drop off mail ballots. This was crucial because state law specifies that poll watchers are allowed in “polling places”. It does not specifically mention satellite offices, nor does it allow poll watchers to observe voters outside of Election Day.

This law remains unchanged in 2024.

As part of this effort, the Trump campaign filed multiple lawsuits in state and federal courts that aimed to permit its poll watchers closer access to vote-counting centers in Philadelphia and to broaden who could serve as a poll watcher. However, all of the cases were dismissed.

What were the consequences?

Despite judges disproving or rejecting Trump’s claims about his poll watchers being denied access in Pennsylvania by early 2021, the effects on the state’s election process continued for a longer period.

Efforts by Republican lawmakers in the state legislature reflected some of Trump’s attempts to alter the election procedures.

Following the unsuccessful campaign to have thousands of Trump supporters serve as poll watchers in counties where they did not live, lawmakers attempted to modify the law to allow this in the future.

In 2021, state Sen. Doug Mastriano introduced a bill that proposed allowing any registered voter in the state to observe polls in any county, and also suggested that poll watchers be allowed within six feet of ballot-counting operations, a goal of Trump’s. The bill went further by proposing heightened penalties for officials convicted of refusing to admit poll watchers; they could have faced up to two years in prison and a $5,000 penalty.

The bill was approved by the state legislature, which was predominantly Republican-led at the time, but was vetoed by the then-Democratic Gov. Tom Wolf.

At present, there are no bills in the Pennsylvania legislature allowing registered voters to be poll watchers for any county. However, there are GOP-sponsored bills in both chambers that suggest increasing penalties for obstructing poll watchers, none of which have passed out of committee.

Misinformation about poll watching since 2020 has impacted the jobs of election directors in various ways. While some report minimal issues with poll watchers, others have noticed a significant increase in hostile watchers or those attempting to monitor polls without county approval.

Lehman notes that the effects of the misinformation and confusion surrounding 2020 were particularly evident during the 2022 statewide election.

“Prior to 2022, I only had to visit a precinct once or twice to resolve differences between a poll watcher and a poll worker,” said Lehman. “Suddenly, I had to visit 10 to 12 times.”

Lehman believes the core problem was misinformation — poll watchers were not always aware of their rights and limitations, leading to conflicts with the precinct's poll workers.

Jeff Greenburg, an election administration advisor at the good-government group Committee of Seventy and former election director, aims to address this issue. He conducts information sessions for the organization to educate potential poll watchers about their responsibilities.

“I am aware that the landscape has changed significantly since 2020. However, the laws and regulations concerning poll watchers in Pennsylvania have not changed,” Greenburg said. “This was never a concern for me as a director, but it is something I would now seriously consider.”

Some election directors go beyond education to instill trust in the voting process among poll watchers. Thad Hall, election director for Mercer County, organizes bipartisan teams of poll watchers in precincts, collaborating with state parties and candidates to arrange them. While not obligatory, Hall believes this practice enhances confidence in the election results.

The current and former election directors who talked to Spotlight PA all say they are optimistic about the upcoming election. They stress that poll watchers are an important part of the election process, and that their presence builds trust in election results.

“In 2022, we were really surprised by the adversarial stance. Since then we’ve clarified the rules and the policies substantially,” said Lehman, noting that his county now gives poll watcher training materials.

“They’re a valid part of the process, they have an important role to ensure the process is transparent,” he added. “But there are restrictions on watchers’ behavior that they need to be aware of and respect.”

BEFORE YOU GO … If you learned something from this article, pay it forward and contribute to Spotlight PA at spotlightpa.org/donate. Spotlight PA is supported by foundations and readers like you who are dedicated to accountability journalism that gets results.

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