Texas Attorney General Opinion No. KP-0519

Summary

Texas Attorney General Opinion No. KP-0519 addresses whether state election inspectors may take photographs or videos while observing election activities and whether poll watchers may observe the handling, processing, and counting of mail-in ballots. The opinion concludes that neither activity is prohibited as a matter of law, subject to applicable statutory restrictions on election conduct and watcher activities.

Holdings

1. State inspectors are not prohibited as a matter of law from taking photographs or videos while observing election activities, because the Election Code's general recording prohibition does not apply to an election officer conducting official duties and inspectors are authorized to take reasonable steps to obtain evidence of election functions.
2. Poll watchers are not prohibited as a matter of law from observing the handling, processing, counting, or other activities related to mail-in ballots when those activities occur at the location where the watcher is appointed to serve.

Questions Presented

1. Whether Texas law prohibits state election inspectors from taking photographs or videos while observing election activities.
2. Whether Texas law prohibits poll watchers from observing the processing, counting, or other activities related to mail-in ballots at locations where the watchers are appointed to serve.

Disposition

other