While all process steps are open to the public, only limited categories of people are able to designate individuals to serve as poll watchers. [1] Fla. Stat. Ann. § 101.5614(1) (Election Board reconciles ballots in open and public view); see also Fla. Stat. § 101.131 (granting political parties, candidates, and ballot issue committees power to designate poll watchers). These three categories of people are political parties, ballot issue committees, and candidates, and they are entitled to designate one poll watcher for each polling room or early voting area at any time during the election. Fla. Stat. § 101.131(1).
In order for these groups to be represented by poll watchers, they must submit a list of individuals, who are registered voters in the county in which they wish them to serve as poll watchers, to the Supervisor of Elections. Fla. Stat. § 101.131(2). The deadline to submit the list of individuals to serve as poll watchers during early voting is noon, 14 days before the start of early voting begins, which could be as early as Monday, October 7, 2024, or as late Saturday, October 12, 2024, depending on when early voting begins in the county. Fla. Stat. § 101.131(2). The deadline to submit the list of individuals to serve as poll watchers on Election Day is before noon on the “second Tuesday preceding the election,” which is Tuesday, October 22, 2024. Fla. Stat. § 101.131(2).
The Supervisor of Elections will then provide each designated poll watcher with an identification badge that identifies them by name. Fla. Stat. § 101.131(5). Poll watchers must wear them while serving as a poll watcher. Fla. Stat. § 101.131(5). Finally, the Supervisor of Elections will provide the Election Board at every precinct with a list of poll watchers who are designated and approved to be in polling rooms and early voting areas at these locations. Fla. Stat. § 101.131(2).
During voting, poll watchers must be allowed within the polling room or early voting area to watch and observe the conduct of voters and officials, but they are not “permitted to come closer to the officials’ table or the voting booths than is reasonably necessary to properly perform his or her functions…” Fla. Stat. § 101.131(1). Poll watchers cannot obstruct “the orderly conduct of any election,” and they cannot interact with voters. Fla. Stat. § 101.131(1). Finally, if a poll watcher has any questions about how things work or any other polling place procedures, they must direct their questions to the Clerk at the polling place. Fla. Stat. § 101.131(1).
Just like registered voters of a county, poll watchers may challenge the right of another person to vote in their county. Fla. Stat. § 101.111(1)(a). The challenge must be made in writing on a completed form, and delivered to a member of the Election Board. See Fla. Stat. § 101.111(1)(a). The form contains a sworn statement or affirmation that the challenger has “reason to believe that [some other individual] is attempting to vote illegally and the reasons for” those beliefs. Fla. Stat. § 101.111(1)(a).
After the polls “close,” the Election Board will “secure the voting devices against further voting.” [2] Fla. Stat. § 101.5614(1). The Election Board will then immediately begin, “in the presence of members of the public desiring to witness the proceedings,” to reconcile all the ballots. Fla. Stat. § 101.5614(1). While these processes are open to the public (even after the polls have “closed”), and poll officials must allow “as many as three persons near them to see whether the ballots are being reconciled correctly . . . no person except a member of the [E]lection [B]oard shall touch any ballot or ballot container or interfere with or obstruct the orderly count of the ballots.” Fla. Stat. §§ 104.29, 101.5614(1). While poll watchers may be better positioned than most people to be one of those three allowed to be “near” the election officials, Florida law does not grant them priority or a guaranteed spot in this situation. See Fla. Stat. § 104.29. Nevertheless, “[o]bservation areas may be designated to allow for reasonable access and distance” to view the ballot reconciliation process. “Polling Place Procedures Manual” at 37.
Because voting has closed, and no further determinations about eligibility will be made by the Election Board here, challenges will not occur during this part of the process.
The County Canvassing Board conducts canvassing in meetings open to the public. Fla. Stat. § 102.141(2)(a). Fla. Stat. § 102.141(2)(a). While political parties and candidates are entitled to have one poll watcher present to view signature matching and other processes either directly or on a display screen, it isn’t clear whether poll watchers receive any greater access once the vote-by-mail and early vote ballots have been canvassed. The reason for this is that after the vote-by-mail ballots and provisional ballots have been canvassed, the County Canvassing Board immediately proceeds to “publicly canvass the vote given each candidate, nominee, constitutional amendment, or other measure submitted to the electorate of the county, as shown by the returns then on file” in the Office of the Supervisor. Fla. Stat. § 102.141(2)(a) (emphasis added).
The County Canvassing Board makes all of its canvassing determinations in public. See Fla. Stat. § 102.141(2)(a). During its canvass of vote-by-mail and provisional ballots, “each political party and each candidate may have one [poll] watcher able to view directly or on a display screen ballots being examined for signature matching and other processes.” Fla. Stat. § 102.141(2)(a). While the general public may not be able to receive the same level of access as the poll watchers, these canvassing meetings are open to the public, and notice of the meeting must be published on the website for the Supervisor of Elections at least 48 hours prior to the meeting occurring. Fla. Stat. § 102.141(2)(b).