Chapter 2 – Basic Poll Watcher Rights & Responsibilities
2.E. What Can A Poll Watcher See?
2.E.4. The Three Times a Poll Watcher Is Allowed to See A Ballot
1. When a Ballot Is Being Marked "SPOILED"
If a ballot is spoiled, the poll watcher can observe the Election Judge writing "SPOILED" across the ballot, but should ignore any votes that can be seen.
Surrendered Vote by Mail ballots that are not sealed in the security envelope can be observed marking the ballot "SURRENDERED".
2. When A Ballot is So Damaged That a Duplicate Must Be Created
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
3. After The Polls Close
A poll watcher is allowed to observe the canvassing of the vote.
At this point, the ballots are anonymous and 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.