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
The secrecy of the ballot is one of the most important protections in an election. Except for the four situations below, a poll watcher should avoid seeing how any voter marked a ballot.
One. When a Ballot Is Being Marked "SPOILED"
If a voter spoils a ballot and requests a replacement 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 for return to the Election Authority after the polls close.
Two. When a Vote by Mail Ballot Is Being Marked "SURRENDERED" or "CANCELED" or "SPOILED"
A voter who wishes to vote in person may surrender their Vote by Mail ballot. The Vote by Mail ballot must be surrendered before a new ballot can be issued.
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 printing on both sides, the poll watcher should make sure that "SURRENDERED," "CANCELED," or "SPOILED" is written on both sides.
Only then can a new ballot be issued.
The poll watcher should continue to observe until the surrendered ballot is placed into the Spoiled Ballot security envelope that will be returned to the Election Authority after the polls close.
See: Cancellation of a Vote by Mail Ballot To Vote In Person, this link opens in a new browser tab.
Three. When A Ballot is So Damaged That a Duplicate Must Be Created
Occasionally, a voted ballot is damaged before it can be cast. If the voter has already left the Polling Place, the ballot cannot simply be replaced. Instead, two Election Judges create a duplicate ballot in the presence of witnesses.
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 for return to the Election Authority after the polls close.
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.