Chapter 2 Basic Poll Watcher Rights & Responsibilities, this link opens in a new browser tab.
2.E. What Can A Poll Watcher See?, this link opens in a new browser tab.
2.E.3. The Four Times a Poll Watcher Is Allowed to See A Ballot
One. When a Ballot Is Being Marked "SPOILED"
If a ballot is spoiled (a problem occurs with the ballot and the voter asks for another ballot) the poll watcher can observe the Election Judge writing "SPOILED" across the ballot, but should ignore any votes that can be seen.
If the ballot has votes on both sides, the poll watcher should make sure that "SPOILED" is written on both sides of the ballot.
The poll watcher should continue to observe until the spoiled ballot is placed into the Spoiled Ballot security envelope.
Two. When a Vote by Mail Ballot Is Being Marked "SURRENDERED" or "CANCELED" or "SPOILED"
A voter who surrenders their Vote by Mail ballot, can have a new ballot issued if they choose to vote in person.
The voter must surrender the Vote by Mail ballot before a new ballot is issued.
If the voter offers a sealed certification envelope, the Election Judge should ask the voter to open the certification envelope to produce the ballot. There are no restrictions that would prevent an Election Judge from opening the certification envelope of a surrendered ballot, but the ballot must be produced.
The Election Judge marks the surrendered Vote by Mail ballot as "SURRENDERED" or "CANCELED" or "SPOILED".
The poll watcher observes the surrendered ballot being marked.
If the ballot has votes on both sides, the poll watcher should make sure that "SURRENDERED" or "CANCELED" or "SPOILED" is written on both sides of the ballot.
Only then can a new ballot be issued.
The certification envelope, if available, is also marked "SURRENDERED" and placed with the surrendered ballot in Surrendered Mail In Ballot security envelope.
The poll watcher should continue to observe until the surrendered ballot is placed into the Surrendered Mail In Ballot security envelope.
Three. When A Ballot is So Damaged That a Duplicate Must Be Created
In the unlikely event that while the polls are open, a voter completes voting and hands the completed ballot to an Election Judge, and the voter leaves the polling place making themselves no longer available, then the ballot is damaged before being cast, the ballot will be duplicated.
When a ballot is so damaged that it cannot be canvassed, a team of two (2) Election Judges consisting of at least one (1) each of the two (2) major political parties, will accurately duplicate the ballot in front of witnesses (i.e., poll watcher[s]).
The duplicated ballot will be labeled "DUPLICATE", and will be labeled with the serial number of the ballot it is replacing. The duplicate ballot will take the place of the damaged ballot. The damaged ballot will be labeled "DUPLICATE DAMAGED BALLOT" and placed in the "Duplicated Ballots" security envelope
Four. After The Polls Close
A poll watcher is allowed to observe the canvassing of the vote.
At this point, the ballots are already cast and ballots are anonymous. There is no chance to impinge upon the secrecy of the ballot.
Rule of Thumb.
Stay at least an arm's length away from the ballots while they are being canvassed.
Be seen staying at least an arm's length away from the ballots.
This is not in the statutes, but Election Judges have enough to do without watching the poll watcher.
Voter Assistance
A poll watcher may see a ballot while observing a voter assist. The poll watcher should actively try not to see the ballot.
See: "Providing That the Secrecy of the Ballot Is Not Impinged", this link opens in a new browser tab.