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Ryan issues opinions about poll watching

Harris County Attorney Vince Ryan has issued a couple of opinions relating to poll watching that may help clear things up a bit. The first opinion has to do with where poll watchers may and may not go:

Poll watchers are entitled to observe all election activity from the time the electionworkers arrive at the polling place to set up in the morning until the equipment is packed up andlocked up at night. See TEX. ELEC. CODE § 33.056 (Vernon 2010). However, poll watchers are not allowed to follow voters into the “voting station” to observe the voters unless the voter requests assistance from an election judge or election clerk. See TEX. ELEC. CODE § 33.057 (Vernon 2010).

Questions have arisen as to what area of the polling place constitutes the “voting station.” Generally, this area includes all of the area surrounding the location of the eSlate machines or the privacy booths where paper ballots may be marked.

Disputes may be minimized by marking lines on the floor indicating areas where the”voting station” is located. The Texas Secretary of State’s office has indicated that as long as the lines are placed in a reasonable location, that this procedure is acceptable and has been used successfully in the past.

The second opinion has to do with recording devices:

Poll watchers must provide an affidavit that they are not in possession of any mechanical or electronic means of recording images or sound while serving as a watcher. TEX. ELEC. CODE §33.006(b)(6). This section applies to cell phones if they have the ability to take pictures or record videos. A watcher may not be accepted for service if the watcher has in his possession such a device. The presiding judge may inquire whether a watcher is in possession of such a prohibited device before accepting the watcher for service. TEX. ELEC.CODE §33 .051 (c). This prohibition applies only to poll watchers.

No person may use a wireless communication device within 100 feet of a voting station. TEX. ELEC. CODE §61.014(a). This section applies to any cell phone or other device that sends or receives an electronic communication signal, such as a laptop computer equipped with WiFi. No person may use any mechanical or electronic means of recording images or sound within 100 feet of a voting station. TEX. ELEC. CODE §61.0 l4(b). This section applies to cell phones if they have the ability to take still pictures or videos. A presiding judge may require a person violating these provisions to turn off the prohibited device or to leave the polling place. TEX. ELEC. CODE §61.014(c). These provisions do not apply to an election officer in conducting the officer’s official duties or to the of election equipment necessary for the conduct of the election. TEX. ELEC. CODE §6l.0 14(d).

Both seem straightforward enough. We’ll see if they make a difference. Unfortunately, it’ll take a lot more than that to deal with stuff like this.

[R]esidents in local African-American neighborhoods are being told some misleading information about their vote.

The mysterious fliers were handed out in parts of Sunnyside and Third Ward Tuesday night, and it is adding confusion to an already tense early voting period.

The fliers start out by saying “Republicans are trying to trick us” and goes on to urge voters not to vote a straight Democratic ticket. It also says a single vote for Bill White is a vote for the entire Democratic ticket.

In the Sunnyside early voting location, several voters say they were handed such fliers.

“They just said, ‘Here take this,’ and I told them I didn’t need it,” said Gary Carter.

The flier says the Black Democratic Trust of Texas is responsible, but it’s a group that doesn’t seem to exist.

You can see video at that link. Too bad no one with a recording device was there to capture some images of the folks handing out these flyers. Relatedly, Rep. Sheila Jackson Lee has now joined the call for election monitors to be sent to Harris County by the Justice Department. Her press release and a copy of the letter she sent to AG Eric Holder are here. Amusingly, the King Street Patriots have made a similar request. To protect them from the voters they’re harassing, I guess. I don’t have their press release, so I don’t know what that’s about. Hair Balls has more.

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2 Comments

  1. Mainstream says:

    This appears to be a fairly partisan effort to scare off pollwatchers from observing the kind of “help” the election officials are giving the voters. The problem is the the exception here swallows the rule. Pollwatchers are not hovering over voters who are casting their ballots independently. They are trying to observe whether the voter or the polling official is casting the ballot when a voter asks for “help” to cast the ballot.

  2. […] Leading Houston blogger Charles Kuffner reports that County Attorney Vince Ryan, a Republican, has seen fit to issue guidelines as to what poll watchers … […]

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