Texas moves to arm election judges at polling locations as House Bill 1128 advances to the Senate amid growing concerns for poll worker safety.

At a Glance

• House Bill 1128 would allow election judges to carry firearms at polling locations, amending current Texas law prohibiting guns at voting sites
• The bill passed the Texas House with a vote of 85-57 and now moves to the state Senate
• Republican Rep. Carrie Isaac introduced the legislation in response to threats faced by poll workers
• The bill aligns with a 2018 opinion from Attorney General Ken Paxton
• Critics worry armed election judges could escalate tensions and intimidate voters

Safety Concerns Drive Push for Armed Election Judges

Texas lawmakers are advancing legislation that would enable election judges to carry firearms at polling locations, a move supporters say is necessary to protect the electoral process. House Bill 1128, introduced by Dripping Springs Republican Representative Carrie Isaac, aims to address growing safety concerns that have made it increasingly difficult to recruit and retain poll workers. The legislation would create an exception to current Texas law, which prohibits firearms at polling places during elections, specifically for election judges who are responsible for maintaining order and resolving disputes at voting sites.

“Some workers even quit mid-election out of fear for their safety. These workers are mostly volunteers giving their time to serve their communities. If we expect them to uphold the integrity of our elections, we must do our part to ensure polling places are safe and secure for everyone involved.”, said Carrie Isaac.

The bill passed the Texas House with a vote of 85-57, largely along party lines, and now moves to the Republican-controlled Senate where it is expected to find support. If passed by the Senate and signed by Governor Greg Abbott, the law would take effect on September 1. The legislation does not extend the right to carry firearms to other election workers or voters, maintaining the general prohibition on weapons at polling locations for the public at large.

Legal Foundation and Implementation

The legislation builds upon a 2018 opinion issued by Texas Attorney General Ken Paxton, which suggested that election judges should be permitted to carry firearms in the same manner as district judges. Election judges in Texas hold significant authority at polling locations, with responsibilities that include managing the voting process, resolving disputes, and maintaining order. These judges are selected by the political party that received the most votes in the previous gubernatorial election, giving them official standing in the electoral process.

Representative Isaac has emphasized that the presence of armed election judges could serve as a deterrent to potential threats and violence at polling locations. She noted that while law enforcement would be ideal, there simply aren’t enough officers available to staff all polling locations throughout the election period. The bill represents a pragmatic approach to addressing security concerns without requiring additional public resources or personnel that may not be available in many communities across the state.

Opposition and Concerns

Critics of the legislation have raised concerns about potential unintended consequences of arming election judges. Democratic legislators and voting rights advocates worry that the presence of firearms could escalate tensions rather than defuse them, particularly in contentious elections. Some opponents have suggested that the measure could intimidate voters and potentially suppress turnout, especially among communities that have historically faced discrimination at polling places.

“Arming election judges will not make Texas voting places safer or prevent partisan or racial voter intimidation. Election officials and voters will be better protected by laws and policies to prevent partisan poll watchers and unappointed individuals from harassing them and voters. Peace officers trained in de-escalation techniques are much more likely to prevent intimidation and violence than untrained election judges with a gun.”, said Professor David Rosenbloom.

San Antonio Democratic Representative Barbara Gerbin-Hawkins expressed concern about potential dangers if an election judge were to discharge a firearm at a polling location. During floor debate, Representative Maria Luisa “Lulu” Flores of Austin questioned whether arming election judges might escalate rather than de-escalate confrontations. “Do you really think arming someone with a firearm to combat someone with a water bottle is not escalating the situation?” Flores asked during debate on the House floor.

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— Gail (@gailalfaratx) December 9, 2024

Looking Ahead

As the bill moves to the Senate for consideration, the debate highlights the broader tension between ensuring security at polling places and maintaining an accessible, non-intimidating environment for voters. Supporters of the measure point to increasing reports of threats and harassment directed at election workers nationwide, arguing that enhanced security measures are necessary to protect the democratic process. Meanwhile, critics maintain that alternative approaches, such as enhanced training and non-lethal security protocols, would better serve election security goals.

If signed into law, Texas would join a handful of other states implementing new security measures at polling locations in response to heightened tensions surrounding elections. The outcome of this legislation could influence how other states approach similar security concerns as the nation prepares for future elections in an increasingly polarized political environment. For now, the bill’s fate rests with the Texas Senate and ultimately with Governor Abbott’s decision to sign or veto the measure.

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