The term “poll watcher” may be one of the most misunderstood phrases in the election lexicon. And the phrase’s misuse could lead to problems throughout the Commonwealth on November 8.

There are three elected positions in each voting precinct in each of Pennsylvania’s 67 counties – Judge of Elections, Majority Inspector and Minority Inspector. This trio makes up the local election board in each precinct.

The Judge of Elections is the person in charge, while the inspectors assist in managing the polling place, keeping track of the number of voters and that the returns are delivered to the county election office at the end of the day.

The Majority Inspector, despite its name, is not the inspector for the majority party. Rather, it is the person that received the most votes for the inspector position, while the runner-up is named the minority inspector.

There are other poll “workers” who assist the elected staff, including machine inspectors and clerks. They assist with the checking-in of voters, managing the lines and ensuring that voters know where to go at each step in the voting process. These positions are filled by appointment rather than election.

Poll “watchers” differ from poll workers. Each candidate may appoint two poll watchers for each polling place where s/he is on the ballot, although only one may be present at any given time. Each political party with nominees may appoint three watchers for each polling location with the same one-at-a-time stipulation.

Poll watchers must be qualified registered electors of the county where the polling place is located for which the watcher is appointed. They must also be identified and receive official county credentials in advance.

Where Poll Watchers Can Be In The Polling Location

• Poll watchers must remain outside the enclosed space of the polling place.
• Poll watchers can be in the polling place from the time election officers meet prior to the opening of the polls until the time that the counting of votes is complete.
• Poll watchers may be permitted to inspect the voting check list and numbered lists of voters, but only when voters are not present in the polling place either voting or waiting to vote.
• The Judge of Elections shall allow poll watchers to inspect the voting check list and either of the numbered lists of voters maintained by the County Board of Elections.
• The Judge of Elections shall supervise or delegate supervision to other poll workers over a poll watcher’s inspection of these documents.

What Can Poll Watchers Do

• keep a list of voters
• inspect a numbered list of voters and voting check list, but only when there are no voters in the polling place and under the supervision of a poll worker
• make good faith challenges to an elector’s identity; or continued residence in the election district
• lodge permitted challenges directly with the Judge of Elections

What Poll Watchers Cannot Do

• make challenges to an elector’s identity, continued residence in the election district, or qualifications as an eligible voter based on race, national origin, appearance, surname, language, religion or other characteristic not relevant to the qualifications to vote.
• engage in electioneering while inside the polling place or within 10 feet of the entrance to the polling place. Though watchers are representatives of candidates or political parties and political bodies, they are not entitled to electioneer on behalf of their candidate, political party, or political body while inside the polling place.
  • Electioneering includes soliciting votes, posting or displaying written or printed campaign materials, and handing out pamphlets or other campaign paraphernalia. engage, attempt to influence, or intimidate voters or
• engage in voter intimidation. Voter intimidation and threatening conduct are illegal under federal and Pennsylvania law. Any activity by a poll watcher that threatens, harasses, or intimidates voters, including any activity that is intended to, or has the effect of, interfering with any voter’s right to vote, whether it occurs outside the polling place or inside the polling place, is illegal. Examples of voter intimidation include, but are not limited to:
  • Photographing or videotaping voters
  • Disseminating false or misleading election information to voters
  • Blocking the entrance to a polling place
  • Confronting, hovering, or directly speaking to or questioning voters
  • Engaging in threatening behavior
  • Asking voters for documentation

What Poll Watchers MUST Do

• follow county and poll worker instructions regarding health and safety protocols in the polling place;
• remain in the polling place after the voting is complete, but only outside the enclosed space where ballots are being counted and voting machines are being canvassed.

While the Judge of Elections at the polling place may not deter or interfere with a duly appointed watcher who is exercising her or his privileges as a watcher, the Judge of Elections is obligated to remove a watcher who is engaging in activities that are prohibited, including those referenced in this section.

The Judge of Elections has a duty to maintain order and ensure that the rules are being followed at the polling place. A Judge of Elections may call upon a constable, deputy constable, police officer or other peace officer to aid in maintaining order.