705

705.1 For the purpose of this chapter, the term “media” shall mean any individual or group engaging in the mass communication of information to the public, such as through television, radio, or publishing, and shall not include poll watchers or election observers, as defined in this chapter.

705.2 At the appropriate discretion of the Site Coordinator, news media representatives shall be permitted access to voting places during voting hours for a reasonable and limited period of time for the purpose of filming or photographing inside voting places. The Site Coordinator may consider the following factors when determining the granting and duration of media access to the voting place:

1. (a) The size of the voting place;
2. (b) The number of persons in the voting place; and
3. (c) The amount of time remaining in voting hours.

705.3 Upon entry to the voting place, a media representative shall present his or her news media outlet identification to the Site Coordinator. The Site Coordinator shall record the presence of the media representative(s) and make a determination concerning access and duration thereof.

705.4 Media representatives shall be prohibited from the following activities in any voting place:

1. (a) Interviewing vote center officials or voters inside the voting place;
2. (b) Taping of media representative’s remarks inside the voting place;
3. (c) Impeding the voting process or the work of vote center officials;
4. (d) Filming or photographing in a way that divulges how an individual is voting; or
5. (e) Filming or photographing the voter list or other election materials in a way that divulges the name or other registration information of an individual voter.

705.5 No filming or photography of any individual in a voting place, or in the 50 feet abutting an entrance to a voting place, shall be performed unless prior express permission is obtained.

SOURCE: Final Rulemaking published at 39 DCR 2467, 2480 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7403 (July 30, 2004); as amended by Final Rulemaking published at 56 DCR 5753-55 (July 17, 2009); as amended by Final Rulemaking published at 57 DCR 4245, 4248 (May 14, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023).