705 POLL WATCHERS, VOTE COUNTING WATCHERS, AND ELECTION OBSERVERS

705.1 Each qualified candidate and the proponents and opponents of proposed initiative, referendum and recall measures, and Charter amendments, may petition the Board for credentials authorizing watchers at one or more polling places or counting places.705.2 A non-partisan or bipartisan organization not affiliated with a candidate or ballot measure that wishes to observe at polling places or counting places may petition the Board for credentials authorizing election observers at one or more polling places or counting places.705.3 Each 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.705.4 At the time of filing, the petition form shall contain the following:- (a) The name, address, telephone number, and signature of the candidate or organization representative, proponent, or opponent with the office for which he or she is a candidate, and a short title, if any, of the measure or proposed Charter amendment which he or she supports or opposes;

- (b) The name, address, and telephone number of the watcher or observer supervisor, if a person is designated by the candidate, organization, proponent, or opponent;

- (c) The names, addresses and telephone numbers of at least two (2) and not more than three (3) persons, authorized to represent the candidate, organization, proponent, or opponent on election day and receive the badges from the Board; and

- (d) A certificate that each proposed watcher or observer selected, is a qualified elector, and that he or she shall conform to the regulations of the Board with respect to watchers or observers and the conduct of the election.705.5 The Board may limit the number of watchers or observers to ensure that the conduct of the election will not be unreasonably obstructed.705.6 The number of watchers or observers allowed by each qualified candidate, organization, proponent, or opponent at each polling place and at each counting place, shall be determined by the Board not less than two (2) weeks prior to an election.705.7 In making a determination of the number of watchers or observers allowed, the Board shall consider the following:- (a) The number of candidates or requesting organizations;

- (b) The candidates 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.705.8 The Board shall issue a badge for each authorized watcher or observer, with space for the watcher's or observer's name and the name of the candidate or party represented by the watcher. Badges shall also be issued for each authorized watcher representing the proponents or opponents of measures or proposed Charter amendments.705.9 Badges shall be numbered consecutively, and consecutive numbers issued to each candidate, organization, proponent, or opponent.

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

705.11 An authorized alternate watcher or observer may, in the discretion of the watcher 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.

705.12 A watcher or observer 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 § 707.

705.13 No watcher or 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) 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; or

(d) In any way obstruct the election process.

(e) 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.

705.14 Any watcher or 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 may be requested to leave the polling place or the counting center.

705.15 If a watcher or observer is requested to leave, that watcher's or observer's credentials shall be deemed cancelled, and he or she shall leave the polling place or Counting Center forthwith.

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

SOURCE: Final Rulemaking published at 39 D.C. Reg. 2467, 2480 (April 10, 1992); as amended by Final Rulemaking published at 51 D.C. Reg. 7404-7406 (July 30, 2004); and as amended by Final Rulemaking published at 56 D.C. Reg. 5753-55 (July 17, 2009).