Section 3-706. POLL WATCHERS AND ELECTION OBSERVERS

 

706.1Each candidate and each proponent or opponent of a proposed ballot measure  may petition the Board for credentials authorizing poll watchers at any early voting centers, polling places and/or ballot counting places. 

 

706.2Persons who wish to witness the administration of elections, including nonpartisan or bipartisan, domestic or international organizations, who are not affiliated with a candidate or ballot measure may petition the Board for credentials authorizing election observers at any early voting center, polling place, and/or ballot counting place. 

 

706.3Each petition shall be filed with the Board, not less than two (2) weeks before each election and shall be on a form furnished by the Board.  The Board reserves the right to accept petitions filed less than two (2) weeks before each election. 

 

706.4At the time of filing, the poll watcher petition form shall contain the following information:

 

(a)The name, address, telephone number, and signature of the candidate or ballot measure proponent or opponent (“applicant”);

 

(b)The office for which the applicant is a candidate or the short title of the measure which the applicant supports or opposes;

 

(c)The name, address, email address, and telephone number of the poll watcher supervisor, if one is designated by the candidate, proponent, or opponent;

 

(d)The locations where access credentials are sought;

 

(e)The names, addresses, email addresses, and telephone numbers of at least two (2) and not more than three (3) persons who are authorized to collect the poll watcher badges from the Board on behalf of the candidate or ballot measure proponent or opponent for distribution to the authorized poll watchers; and

 

(f)A certificate from the applicant that each poll watcher selected shall conform to the regulations of the Board with respect to poll watchers and the conduct of the election.

 

706.5At the time of filing, the election observer petition form shall contain the following:

 

(a)The name, address, email address, and telephone number of the organization or individual seeking credentials;

 

(b)The name, address, email address, and telephone number of the election observer supervisor, if a person is designated by an organization;

 

(c)  The names, addresses, email addresses, and telephone numbers of all observers who will be receiving badges;

 

(d)  The locations where access credentials are sought;

 

(e)The names, addresses, email addresses, and telephone numbers of at least one (1) and not more than three (3) persons who are authorized to collect the election observer badges from the Board on behalf of the organization or individual seeking credentials for distribution to the authorized election observers; and

 

(f)  A certificate from the applicant that each election observer selected shall conform to the regulations of the Board with respect to election observers and the conduct of the election.

 

706.6The Board may limit the number of poll watchers or election observers to ensure that the conduct of the election will not be obstructed or disrupted, except that:

 

(a)Each qualified candidate shall be entitled to one (1) poll watcher in each of the precincts where his or her name appears on the ballot.

 

(b)Each proponent or opponent of a ballot measure who has timely filed a verified statement of contributions with the Office of Campaign Finance shall be entitled to one (1) poll watcher in each precinct where the ballot measure appears on the ballot.

 

706.7Notwithstanding Subsection 706.6, the Board reserves the right to rotate credentialed poll watchers and election observers in and out of early voting centers, polling places, and/or ballot counting places on an equitable basis in the event of space constraints.

 

706.8The Executive Director shall make a ruling on poll watcher and election observer petitions not less than ten (10) days prior to an election.  The Board reserves the right to accept petitions filed less than ten (10) days prior to an election. 

 

706.9In making a determination of the number of watchers or observers allowed, the Executive Director shall consider the following:

 

(a)The number of candidates or requesting organizations;

 

(b)Whether the candidates are running as a slate;

 

(c)The number of proponents and opponents of measures and proposed Charter amendments;

 

(d)The physical limitations of the polling places and counting place; and

 

(e)Any other relevant factors.

 

706.10Within twenty-four (24) hours of a denial, the Executive Director shall issue a public notice with respect to any denial of a petition for credentials.

 

706.11If a place cannot accommodate all those seeking credentials, the Board may grant preference to poll watchers over election observers, and organizations over individuals.

 

706.12The Board shall issue a badge for each authorized poll watcher or election observer, with space for the watcher’s or observer’s name and the name of the candidate or party represented by the watcher, or any organization being represented by the observer. Badges shall also be issued for each authorized watcher representing the proponents or opponents of ballot measures.

 

706.13Badges shall be numbered consecutively, and consecutive numbers issued to each candidate, organization, proponent, or opponent.

 

706.14All badges shall be worn by the authorized poll watcher or election observer in plain view at all times when on duty at the polling place or counting place.

 

706.15An authorized alternate poll watcher or election observer may, in the discretion of the watcher or observer supervisor, be substituted for a watcher or observer at any time; provided, that notice is first given to the designated representative of the Board at the polling place or counting place.

 

706.16A poll watcher shall be allowed to perform the following acts:

 

(a)Observe the count;

 

(b)Unofficially ascertain the identity of persons who have voted;

 

(c)Report alleged discrepancies to the Precinct Captain; and

 

(d)Challenge voters in accordance with the procedures specified in this chapter, if the watcher is a registered qualified elector.

 

706.17An election observer shall be allowed to perform the following acts:

 

(a)  Observe the count;

 

(b)  Unofficially ascertain the identity of persons who have voted; and
 

(c)  Report alleged discrepancies to the Precinct Captain.

 

706.18No poll watcher or election observer shall, at any time, do any of the following:

 

(a)Touch any official record, ballot, voting equipment, or counting form;

 

(b)Interfere with the progress of the voting or counting;

 

(c)  Assist a voter with the act of voting;

 

(d)Talk to any voter while the voter is in the process of voting, or to any counter while the count is underway; provided, that a watcher or observer may request that a ballot be referred for ruling on its validity to a representative of the Board;

 

(e)In any way obstruct the election process; or

 

(f)Use any video or still cameras inside the polling place while the polls are open for voting, or use any video or still camera inside the counting center, if such use is disruptive or interferes with the administration of the counting process.

 

706.19A candidate may not serve as a poll watcher in any early voting center or polling place.

 

706.20If a poll watcher or election observer has any question, or claims any discrepancy or error in the voting or the counting of the vote, the watcher or observer shall direct the question or complaint to the election official in charge.  In each polling place, the Precinct Captain shall be the representative of the Board to whom the poll watchers or election observers shall direct all questions and comments.  In counting places, the Executive Director shall identify those representatives to whom poll watchers and election observers shall direct all questions and comments.

 

706.21Any poll watcher or election observer who, in the judgment of the Board or its designated representative, has failed to comply with any of the rules contained in this section, or has engaged in some other prohibited activity or misconduct, may be requested to leave the polling place or the counting center.

 

706.22If a poll watcher or election observer is requested to leave, that watcher’s or observer’s authorization to use credentials shall be cancelled, and he or she shall leave the polling place or counting place forthwith.

 

706.23An authorized alternate poll watcher or election observer may be substituted for a watcher or observer who has been removed.

 

 

authority

The District of Columbia Election Code of 1955, approved August 12, 1955, as amended (69 Stat. 699; D.C. Official Code § 1-1001.05(a)(14) (2014 Repl.)).

source

Final Rulemaking published at 39 DCR 2467, 2482 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7406 (July 30, 2004); as amended by Final Rulemaking published at 56 DCR 5753, 5755 (July 17, 2009); as amended by Final Rulemaking published at 57 DCR 4245, 4249 (May 14, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7081 (August 6, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11123, 11124 (November 26, 2010); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015).