New Georgia election law allows greater access for ‘poll watchers’ on election days

Poll watchers in Georgia will get closer access to voters and secure voting areas in the 2024 presidential election. The change is part of a new election law that went into effect July 1.

In Georgia, poll watchers already have access to “enclosed spaces” in polling places and ballot counting centers. Now, they will be allowed to “sit or stand as close as is practicable” to what they are observing to ensure that all rules are being followed.

On the surface, the new law may appear to give poll watchers free rein to invade voters’ space and potentially disrupt the election process. But election experts hope that it will have the opposite effect by clarifying what poll watchers are legally allowed to do and not do.

Poll watcher vs. observer

Chris Harvey, the former elections director for the Georgia Secretary of State, was quick to point out that there is a significant – and legal – difference between a poll “watcher” and “observer.”

“A poll watcher is an actual legal designation, where you have to go through an appointment process and training,” Harvey told USA TODAY.

An observer, Harvey said, is “a regular member of the public” who is watching the election process from the sidelines. “I think a lot of people fancy themselves as a poll watcher.”

Overzealous poll “watchers” – like the self-appointed ones Harvey mentioned – have been a problem for Georgia in past elections.

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The most infamous case came during the 2020 presidential election, when observers showed up to Atlanta’s State Farm Arena in Fulton County and claimed to see “suitcases full of ballots,” the supposed smoking gun of a rigged election. The assertion was false and led to a years-long harassment campaign against two election workers and the eventual disbarment of former lawyer and Trump advisor Rudy Guiliani.

The new law, Harvey explained, allows election managers to regulate access for regular citizens, or “self-declared election enthusiasts,” who try to pass themselves off as designated poll watchers.

“If election officials have to run around chasing poll watchers, telling them to stop looking over people’s shoulders, talking to voters, or taking pictures, then it takes away from their primary job.”

Jun 21, 2022; Washington DC; Wandrea "Shay" Moss, a former Georgia election worker, with her mother Ruby Freeman during the public hearing of the committee to investigate the January 6 attack on the United States Capitol. Mandatory Credit: Jack Gruber-USA TODAYJun 21, 2022; Washington DC; Wandrea "Shay" Moss, a former Georgia election worker, with her mother Ruby Freeman during the public hearing of the committee to investigate the January 6 attack on the United States Capitol. Mandatory Credit: Jack Gruber-USA TODAY

Jun 21, 2022; Washington DC; Wandrea “Shay” Moss, a former Georgia election worker, with her mother Ruby Freeman during the public hearing of the committee to investigate the January 6 attack on the United States Capitol. Mandatory Credit: Jack Gruber-USA TODAY

RNC beefs up ‘election integrity’ program

Election managers might have to deal with more “election enthusiasts” showing up to polling places this year.

The Republican National Committee announced in April that it, along with the Trump campaign, plans to deploy more than 100,000 volunteers and attorneys to serve as poll watchers across battleground states in the 2024 election.

“Every ballot. Every precinct. Every processing center. Every county. Every battleground state. We will be there,” the RNC declared.

Touted as the largest “election integrity program” in the nation’s history, the RNC claimed that poll watchers will ensure that “Democrat tricks from 2020 won’t work this time.”

Part of the issue with this plan, Cobb County Elections Director Tate Fall told USA TODAY, is that there is no universal training for poll watchers across political parties. The Republican Party may tell their poll watchers that they’re allowed to go into certain areas and demand to see particular information, while the Democratic Party might tell their poll watchers something entirely different.

“I think the term ‘poll watcher’ means a lot of different things to a lot of different people,” Fall said. The lack of clear guidance and infighting among poll watchers “creates an opportunity for things to escalate unnecessarily.”

“Observers have told me, ‘I trust y’all. I’m here to observe the other observers.’ That rhetoric makes me nervous,” Fall said, “because I think that’s when they start watching each other and saying, ‘You can’t do that.’ Then the elections manager is there playing mom between two siblings that are arguing.”

Election workers didn’t have to prepare for that scenario in the past, Fall explained, but things are more tense now. “I think that’s what we’ll see a lot of in November.”Melissa Cruz is an elections reporting fellow who focuses on voter access issues for the USA TODAY Network. You can reach her at [email protected] or on X, formerly Twitter, at @MelissaWrites22.

This article originally appeared on USA TODAY: New Georgia election law gives poll watchers closer access to voters

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