Section 3-709. CONTROL OF ACTIVITY AT EARLY VOTING CENTERS, POLLING PLACES, AND BALLOT COUNTING PLACES

 

709.1The Precinct Captain shall have full authority to maintain order, pursuant to the Election Act, the regulations contained in this section, and directives of the Executive Director, General Counsel and their designees, including full authority to request police officials to enforce lawful orders of the Precinct Captain.

 

709.2The only persons who shall be permitted to be present in early voting centers, polling places, or ballot counting places are the following:

 

(a)Designated representatives of the Board;

 

(b)Police officers;

 

(c)Duly qualified poll watchers and election observers;

 

(d)Persons actually engaged in voting; and

 

(e)Other persons authorized by the Board.

 

709.3The only activity which shall be permitted in the portion of any building used as an early voting center, polling place, or ballot counting place shall be the conduct of the election.  No partisan or nonpartisan political activity, or any other activity which, in the judgment of the Precinct Captain, may directly or indirectly interfere with the orderly conduct of the election, shall be permitted in, on, or within a reasonable distance outside the building used as an early voting center, polling place, or ballot counting place.

 

709.4For the purposes of this section, the term "political activity" shall include, without limitation, any activity intended to persuade a person to vote for or against any candidate or measure or to desist from voting.

 

709.5The distance deemed "reasonable" shall be approximately fifty feet (50 ft.) from any door used to enter the building for voting.  The exact distance shall be determined by the Precinct Captain, depending on the physical features of the building and surrounding area.  Wherever possible, the limits shall be indicated by a chalk line, or by some other physical marker at the polling place.

 

709.6A person shall be warned to cease and desist his or her conduct upon any instance of the following:

 

(a)Violation of the Election Act or regulations contained in this section;

 

(b)Failure to obey any reasonable order of the Board or its representative(s); or

 

(c)Acting in a disorderly manner in, or within a reasonable distance outside the building used as an early voting center, polling place, or ballot counting place.

 

709.7If the person committing the violation(s) fails to cease and desist, a member of the Metropolitan Police Department of the District of Columbia shall be requested to evict the person or take other appropriate action.

 

 

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 57 DCR 4245, 4249 (May 14, 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).