Texas election judges could carry guns if bill OK’d by House becomes law

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Texas House lawmakers debated gun rights and voter protections Wednesday afternoon related to a bill that would allow election judges to carry a weapon inside a polling place at any time.

House Bill 1128, by Rep. Carrie Isaac, R-Dripping Springs, allows an election judge, early voting clerk, or deputy early voting clerk who is serving as an election judge to carry a concealed handgun at an early voting or Election Day polling place as a means of protection for themselves and others. House lawmakers passed the bill 85 to 57 on Thursday, advancing it to the Senate.

This bill would codify a decision made by Attorney General Ken Paxton in 2018, where he ruled that since district judges can carry firearms to polling places and election judges had been given the authority of district judges, they should also be able to.

​​Paxton’s opinion explains why a court would take his side in the decision, but it was not legally binding.

Election judges, who are generally civilians appointed by local party officials to head up a team of poll workers, have many duties, including settling election disputes and keeping the peace at the polls.

Isaac told lawmakers this bill was needed because the elections director for the Texas Secretary of State reported that during the 2024 election, workers endured bomb threats and physical attacks, including thrown water bottles. She said it’s becoming harder to retain and recruit poll workers because of this climate, so protections must be put in place at polling locations.

“Some workers even quit mid-election out of fear for their safety,” Isaac said from the House floor. “These are not isolated incidents. They are happening across Texas, and our 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.”

Critics of the bill questioned whether allowing an election judge to carry a weapon could be considered dangerous to the voting process.

“Do you really think arming someone with a firearm to combat someone with a water bottle is not escalating the situation?” Rep. Maria Luisa Flores, D-Austin, asked.

Rep. Barbara Gervin-Hawkins, D-San Antonio, asked why law enforcement couldn’t be at the polling locations to hold the peace instead of expecting civilian election judges to carry a weapon and potentially have to fire on someone and disrupt the entire voting process.

"Unfortunately, it takes time for law enforcement to arrive, and that is why we need someone there at all times for protection," Isaac responded. “...Your concern is about the election. My concern is about an innocent person getting hurt.”

Discussion about intimidation also occurred as Flores mentioned a case in Beaumont in 2022, where a federal judge issued an emergency order prohibiting Jefferson County election workers from scrutinizing the identities of Black voters and, along with poll watchers, from shadowing Black people at voting stations.

“I think this type of conduct, if combined with a gun, is detrimental,” said Rep. Vikki Goodwin, D-Austin.

Rep. Jared Patterson, R-Frisco, pointed out that the bill isn’t malicious.

This bill would not change current laws banning the general public from bringing firearms to a polling location, and it would only allow election judges and those designated by them to carry guns, and not all poll workers, said Isaac.

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