Legal Professionals as Poll Workers: Protecting Democracy

By Rosemarie Kanusky

In the May/June 2022 edition of San Antonio Lawyer, Michael Curry offered sage advice in his article “The Lawyer as Citizen in a Democracy Under Attack.” As lawyer citizens, we can also support our democracy by working as election judges and election clerks. and by encouraging our legal staff to do the same.

Elections are firmly grounded in state and federal law. Successful and trustworthy elections rely on the neutral administration of that law by local election officials and poll workers recruited by those officials. When lawyers serve as poll workers, they advance the goals of their profession. 1 Besides, who wouldn’t like to be a judge for a day?

For the November 2020 general election, the American Bar Association, the National Association of Secretaries of State, and the National Association of State Election Directors launched an initiative to encourage lawyers, law students, and other legal professionals to serve as poll workers. The “Poll Worker, Esq.” initiative was short-lived, but the need for impartial poll workers remains. 2 Election officials and poll workers continue to face challenges from the COVID-19 pandemic, media scrutiny, and legislative action. This aging workforce needs an infusion of new talent.

Who Conducts Elections?

In Texas, counties conduct national and statewide elections. 3 Local governments— such as cities, school districts, and municipal utility districts—can conduct their own elections. 4 These elections include both general elections that occur on regular dates to elect members of the governing body, as well as special elections that occur on an ad hoc basis. 5

Local governments may contract with cities and counties for election services, such as leasing voting equipment. 6 Local governments may also contract with their respective county election officials for a joint election. 7 In a joint election, several local governments share polling places, workers, ballots, and expenses. Joint elections are the norm in Bexar County.

In Bexar County and many of the surrounding counties, the respective commissioners courts have given the twin duties of running elections and registering voters to nonpolitical elections administrators. 8 Other counties may split those election responsibilities between elected county clerks and tax assessor-collectors. 9 Regardless of who a county’s election official might be, that person cannot manage an election without a supporting team, including poll workers.

Who Are Poll Workers?

Poll workers are the officials who conduct an election at a polling place, ideally in a neutral, efficient, and fair manner. 10 In Texas, there are at least three election officials at one time in each polling place on election day: an election judge, an alternate judge, and a clerk. 11 Only two officials are required for an early voting site, but many larger jurisdictions, like Bexar County, provide at least three. 12

What Are the Qualifications for Poll Workers?

At least one of the workers at each polling site must be fluent in Spanish. 13 Poll workers must be registered voters of the territory served by their polling place, and counties may require additional qualifications. 14 In Bexar County, the election judge and alternate must attend a certification class and receive at least 70% on a test. The training takes about eight hours and is not currently compensated. To remain certified, the judge and alternate must pass a recertification test every two years. The judge and alternate should also be available on their own time to set up polling places, pick up supplies, and return supplies and election results.

Certain individuals are disqualified from serving as poll workers at any given time: 15 (1) elected officers (precinct chairs are not considered elected officers), (2) candidates for office in that election, (3) campaign treasurers of candidates in that election, (4) campaign managers of candidates in that election, (5) employees or relatives of an opposed candidate in that election, and (6) persons finally convicted of election-related offenses.

How Often Are Poll Workers Needed?

The general rule is that poll workers are needed twice a year: once for the uniform date in May (which is currently the first Saturday in May) and the uniform date in November (which is the first Tuesday following the first Monday in November). But there are many exceptions to this general rule: runoff elections, special elections to fill a vacancy, or emergency elections called by the governor. 16 In March of even-numbered years, poll workers are also needed for the primary elections, which cannot overlap with the uniform election dates. 17

Counties want poll workers they can count on, but it is not necessary to work every election conducted in the county during any given year. Counties are flexible about scheduling, especially when they find highly skilled workers.

Are Poll Workers Volunteers?

Local governments hire poll workers to work the polls. 18 Although the Election Code provides broad guidance for the pay structure, local governments have the discretion to deviate from that guidance and provide greater pay and benefits. 19 Bexar County, for example, pays an election judge $17 per hour; an alternate judge, $16 per hour; and a clerk, $15 per hour. However, Bexar County does not currently pay judges for time spent in training, nor does Bexar County pay judges for the extra time they spend picking up supplies or setting up the polling place the day before a poll opens. While poll workers are making substantially less than professionals, they are not strictly volunteering. Some poll workers donate their compensation to a charity of their choice.

Are Poll Workers Trained?

State law requires election judges and alternates to be trained, yet the training varies from county to county. 20 As noted above, Bexar County requires its election judges and alternates to attend in-person training and pass a test. Clerks are encouraged, but not required, to attend. The classes are offered on a variety of dates and times, including evenings and weekends, and they focus on two general topics: election law and mechanics.

Election judges and alternates need to know the law regarding voter identification, permissible activities in and around the polling places, who qualifies for specialized types of voting, and much more. Written resources include the secretary of state’s handbook for election judges, as well as graphics and checklists specific to Bexar County’s practices.

Regarding mechanics, Bexar County provides trainees with hands-on instruction for setting up, using, and storing the computers for checking in voters, the ballot marking machines, and the secured ballot scanner and tabulator. Bexar County also introduces trainees to the various state-mandated forms and how to complete them. The polling place supply-kit includes a binder with detailed pictures and instructions for all necessary procedures.

What Are the Hours Expected of Poll Workers?

Many counties, like Bexar, expect the election judge and alternate to remain on duty at their assigned poll for the duration of setting up, voting, and closing. Clerks may work the same hours or work in shifts. On election day, poll workers arrive at 6:00 a.m. to prepare the polling place for voting. Polls open to voters at 7:00 a.m. and close to voters at 7:00 p.m. (although any voters standing in line at 7:00 p.m. will be allowed to vote). Poll workers leave after tallying results and storing the supplies that remain (anytime between 7:30 p.m. and 10:30 p.m.). A similar pattern applies to early voting polling locations, but those locations may be open in differing combinations of hours and days. Time at the polls is compensable, as mentioned above.

What Is an Election Day Like for Poll Workers?

For most election judges, work begins the week before election day by picking up a supply-kit, laptop, and phone. The day before election day, they visit their assigned polling site and begin preliminary set up of the tables, chairs, and equipment that Bexar County previously delivered to the site in locked storage cabinets.

On election day, poll workers arrive before the polling place opens to ensure the voting equipment is operational and that all required informational posters are in place. Workers typically bring their own drinks and meals to enjoy throughout the day; counties will ensure that poll workers (not necessarily voters) have access to restroom facilities.

Voters are generally happy to interact with poll workers. For the required picture identification card, most voters bring a Texas driver’s license. These voters are easy to qualify or check-in, either electronically or on a paper roster. Most voters in Bexar County find the ballot marking machines intuitive, but they may need to be reminded to place the marked ballot into the secured ballot box, which also serves as a tabulating machine.

Poll workers serve a vital role in helping those voters who are not on the list of registered voters or who do not have the required identification card. The judge, the alternate, and the clerk work as a team to complete the necessary paperwork and to guarantee that each voter has the opportunity to vote. Consequently, the judge may offer some voters provisional ballots. Another group of election officials, known as members of the early voting ballot board, determine whether these provisional ballots can be counted after election day and provide provisional voters with explanations of how their ballots were processed. As the name implies, the early voting ballot board also helps to process ballots by mail.

Election officials are responsible for setting up, securing, and returning election equipment and materials.

Once the polls close and the last voters have voted, poll workers secure the equipment and heavier supplies. They tally results, which, in Bexar County, means securing the electronic media used to record the results and printing a backup of the data. The judge delivers the electronic media and certain paperwork to a regional collection site, and the long day is finally done.

What Are Vote Centers?

Most voters in Bexar County know that they can vote at any early voting location during the early voting period. But, prior to November 2019, many did not know that they were required to vote on election day in their precinct of registration. Poll workers spent valuable time trying to redirect voters to the correct precinct, with varying degrees of success.

Bexar County now participates in the countywide polling place program, as do several surrounding counties, including Comal and Kendall. 21 The program mirrors the early voting process, where voters can vote at any election day location, regardless of their precinct of registration. The polls are commonly called vote centers or super polls. With each election, Bexar County strives to place polling sites in locations that conveniently serve their communities and are routinely used. The goal is to ensure a steady stream of voters but not so many voters that they stand in line for long periods of time.

Election workers confirm voter identification at a poll check-in.

What About Poll Watchers?

The last legislative session brought sweeping changes to Texas election law, including an arguably broadened role for poll watchers. 22 While watchers are appointed by partisans to “preserve the integrity of the ballot box,” watchers are not election officials. 23

Watchers must be qualified voters, and they must present a certificate of appointment as well as a certificate proving they have completed training provided by the secretary of state. 24 Watchers are given broad powers of observation, but they are not entitled to interact with voters or use cell phones or recording devices. 25 Watchers can be removed from polling places if they violate the law or breach the peace. 26

Elections officials ensure free and fair elections at the local, state, and federal levels.

Why Serve As a Poll Worker?

In Bexar County, the average age of poll workers is 69. Some poll workers left their positions during the COVID-19 pandemic. Some have reported leaving their positions due to media scrutiny, legislative actions that are perceived as threatening, and the sometimes emotional state of voters. New workers are needed.

Lawyers, law students, and legal staff are ideally suited to face these difficulties. They are detailed-oriented, practical, and flexible problem solvers. They are comfortable with changing technology and evolving laws. Even when not formally trained in psychology, most lawyers and their legal staff are comfortable working with clients or witnesses under stress.

Lawyers and their staff can calmly deal with poll watchers who may be overstepping their permitted duties. As service providers in their daily lives, lawyers and their staff know how to provide voters with efficient and effective service in a party-neutral manner, which builds confidence in the voting process.

With increasing frequency, the public servants running elections are facing an angry mob comprised of media, voters, candidates, and political operatives from other jurisdictions who have no immediate stake in the election at hand. Election officials have been verbally abused, physically threatened, and wrongly accused of criminal conduct. It is imperative that citizen lawyers reinfuse civility and respect into the election process, starting at ground level, where poll workers meet the voters.

How Are Poll Workers Recruited?

Political parties provide counties with lists of potential election judges and alternates, yet counties typically look for poll workers from all potential sources. 27 Technically, presiding judges appoint their clerks, but counties often help judges locate and train clerks. Counties welcome individuals to apply.

Every lawyer should work a poll at least one time and consider giving staff paid time off to work the polls. Although the job is usually straightforward, it can be amazingly complex, but either way, it is fulfilling and rewarding.

BEXAR COUNTY: Gilbert Saiz, Poll Worker Coordinator (210) 335-3760 Gilbert.Saiz@bexar.org https://www.bexar.org/2182/Apply-as-an-Election-Official

COMAL COUNTY: Cynthia Jaqua, Deputy County Clerk/ Elections Coordinator (830) 221-1352 jaquac@co.comal.tx.us https://www.co.comal.tx.us/Elections.htm

KENDALL COUNTY: Staci L. Decker, Elections Administrator (830) 331-8701 elections@co.kendall.tx.us https://www.co.kendall.tx.us/page/Elections

Rose Kanusky is an elections lawyer at McCall, Parkhurst & Horton L.L.P., a public finance firm.

ENDNOTES

1 See The Texas Lawyer’s Creed: A Mandate For Professionalism (1989) (“I am a lawyer. I am entrusted by the People of Texas to preserve and improve our legal system.”). From time to time, the Ohio Supreme Court grants lawyers continuing education credits for their service as poll workers. See, e.g., Csaba Sukosd, “Supreme Court Offers CLE Credit for Poll Workers” (March 7, 2022), available at https://www.courtnewsohio.gov/happening/2022/.

2 American Bar Association, “Lawyers encouraged to sign up as poll workers,” (August 31, 2020), available at https://www. americanbar.org/news/abanews/aba-newsarchives/2020/08/lawyers-encouraged-tovolunteer/; Fredreka Schouten and Kelly Men, “Midterm mess: States grapple with poll worker and paper shortages,” CNN (March 29, 2022), available at https://www.cnn. com/2022/03/29/politics/midterm-election-shortages-ctzn/index.html.

3 See Tex. Elec. Code § 3.003.

4 Id. § 3.004.

5 Id. § 3.001, § 1.005(6,18).

6 Id. § 31.094.

7 Id. § 271.002.

8 Id. §§ 31.031-.035.

9 Id. § 31.071, § 31.091.

10 Id. § 32.071.

11 Id. § 32.001, § 32.031.

12 Id. § 83.031, § 85.031.

13 Id. § 272.009.

14 Id. § 32.051.

15 Id. §§ 32.052-.056.

16 Id. § 41.001.

17 Id. § 41.007(d).

18 Id. § 32.094.

19 Id. § 32.091-.093.

20 Id. § 32.114.

21 Id. § 43.007.

22 Alexa Ura, “The hard-fought Texas voting bill is poised to become law. Here’s what it does,” The Texas Tribune (August 30, 2021), available at https://www.texastribune. org/2021/08/30/texas-voting-restrictionsbill/.

23 Tex. Elec. Code § 1.005(4-a), § 33.0015, § 33.002.

24 Id. § 33.0031, § 33.006, § 33.008.

25 Id. § 33.056, § 33.058, § 61.014.

26 Id. § 32.075.

27 Id. § 32.002(c).