Paxton Issues Opinion Clarifying Authority of Election Inspectors and Poll Watchers

March 3, 2026 – AUSTIN — Ken Paxton has issued a formal legal opinion clarifying the authority of state election inspectors and poll watchers under the Texas Election Code, aiming to ensure uniform compliance with state law and strengthen election integrity.

The opinion explains that state inspectors appointed by the Texas Secretary of State are legally authorized to take reasonable steps to gather evidence while performing official duties at polling locations. That authority includes taking photographs, and inspectors are exempt from the general prohibition on recording images within 100 feet of a voting station when acting in their official capacity. However, inspectors are not permitted to observe a voter preparing a ballot unless the voter is being assisted by an election officer.

Paxton also clarified rules governing poll watchers. Under Chapter 33 of the Texas Election Code, poll watchers may not be barred from observing the counting or movement of mail-in ballots. They are entitled to observe activities conducted at their assigned location and may not be denied free movement where election activity is occurring, including the processing and counting of mail ballots by an early voting ballot board or signature verification committee.

Paxton said his office will continue enforcing state election laws, noting recent efforts including defense of Texas voter ID requirements and the launch of an illegal voting tipline.