HB 1138: Remove a Poll Watcher, Sign the Reason

A poll watcher gets walked out of a polling place.

Nobody writes down why.

HB 1138 says put it in writing, signed, on the spot.

Plain English summary

HB 1138 was filed in the Texas House on November 13, 2026, by Rep. Hayes. It is one page long.

It says this: if a presiding election judge has a poll watcher removed from a polling place, and that watcher was already accepted for service, the judge has to hand the watcher a signed statement with the reason for the removal. At the time of removal. Not later. Not never.

The bill also tells the Texas Secretary of State to make a standard form for that statement.

It would take effect September 1, 2027.

That is the whole bill. One sheet of paper. One signature. One reason.

Why it matters

Watchers are the eyes of the public inside the polling place. Texas law says so in plain words. Section 33.0015 of the Election Code says the purpose of watchers is to "preserve the integrity of the ballot box" and that watchers should be allowed to "observe and report on irregularities." It also says watchers may not interfere. They observe without obstructing.

Since 2021, Texas law has put limits on removing a watcher. Under Section 32.075(g), a presiding judge may not have an accepted watcher removed for breaking an election rule, other than a Penal Code violation, unless an election judge or clerk actually saw the violation. Under 32.075(h), a judge can still call law enforcement if a watcher breaches the peace or breaks the law.

So the law already has a standard. What it does not have is a paper trail.

Right now a watcher can be removed and leave with nothing in hand. No reason written. No name signed. If the watcher believes the removal was wrong, it is one person's memory against another's.

That is not good for the watcher. It is not good for the judge either. A judge who removed someone for a real reason should want that reason on paper.

The receipt

FACT: HB 1138 (90th Legislature) was filed November 13, 2026, by Hayes. It adds Subsections (i) and (j) to Section 32.075, Election Code. Effective date September 1, 2027.

FACT: The bill text requires the presiding judge, "at the time of removal," to provide the removed watcher "a signed statement containing the reason for the removal," and directs the Secretary of State to prescribe the form.

FACT: Section 32.075(g) and (h) were added by SB 1 in the 87th Legislature, 2nd Called Session (2021). Section 33.0015, the watcher purpose section, was added by the same bill.

FACT: This is not a new idea. In 2025, Hayes filed HB 2803 with the same caption. The House Elections Committee reported it out 9 to 0. The full House passed it on May 16, 2025. The engrossed version reads the same as HB 1138's introduced text, apart from the effective date. The Senate received it May 19, 2025, and referred it to State Affairs. That was the last action. It died there.

What Ryan says

RYAN STATEMENT: This is the kind of bill I like. Small. Clear. Hard to argue with.

If you are going to remove a citizen from a polling place, write down why and sign your name to it. That is all this asks.

Every other part of an election runs on paper. Ballots. Rosters. Tally sheets. Seals. Chain of custody. But the moment a watcher gets put out the door, the paper stops.

Same building. Same day. Different rule.

I am not saying every removal is wrong. Some watchers cross the line. The law already says what to do about that, and this bill does not change it. A judge can still remove a watcher who breaks the rules. A judge can still call a deputy.

All this bill adds is a receipt.

And here is what bothers me. The Texas House already passed this. Elections Committee, 9 to 0. Then it went across the hall to the Senate and nobody touched it.

A one-page transparency bill should not need two sessions.

Give it a hearing early this time. Put it on the floor. Let every senator vote yes or no where we can see it.

Show me the evidence. Write it down. Sign it.

What this does not prove

It does not prove any watcher in Texas has been removed wrongly. This article makes no claim about any specific removal.

It does not prove the bill will pass. It was filed November 13, 2026. It has no committee assignment yet.

It does not change who can be removed or why. The removal standard in 32.075(g) and (h) stays the same.

It does not set a penalty for a judge who fails to hand over the statement. The bill text does not include one.

It does not say what the Secretary of State's form will look like. That would come later.

What it does prove

It proves the Texas House has already voted to pass the same requirement once, in 2025.

It proves the bill died in the Senate State Affairs Committee without further action.

It proves there is no written-reason requirement in Section 32.075 today. If there were, this bill would not need to add one.

The bottom line

Watchers are there so the public can trust what happens inside the room.

A signed reason for a removal protects the watcher, protects the judge, and protects the record.

One page. One signature. The record does not lie, but only if somebody writes it down.

Do not threaten anyone. Do not harass anyone. Do not contact anyone in my name. Read it. Share it. Send receipts, evidence, witnesses. Put eyes on the record.