24.2-604 - Prohibited activities at polls; notice of prohibited area; electioneering; presence of representatives of parties or candidates; simulated elections; observers; news media; penalties.
§ 24.2-604. Prohibited activities at polls; notice of prohibited area;electioneering; presence of representatives of parties or candidates;simulated elections; observers; news media; penalties.
A. During the times the polls are open and ballots are being counted, itshall be unlawful for any person (i) to loiter or congregate within 40 feetof any entrance of any polling place; (ii) within such distance to give,tender, or exhibit any ballot, ticket, or other campaign material to anyperson or to solicit or in any manner attempt to influence any person incasting his vote; or (iii) to hinder or delay a qualified voter in enteringor leaving a polling place.
B. Prior to opening the polls, the officers of election shall post, in thearea within 40 feet of any entrance to the polling place, sufficient noticeswhich state "Prohibited Area" in two-inch type. The notices shall alsostate the provisions of this section in not less than 24-point type. Theofficers of election shall post the notices within the prohibited area to bevisible to voters and the public.
C. The officers of election shall permit one authorized representative ofeach political party or independent candidate in a general or specialelection, or one authorized representative of each candidate in a primaryelection, to remain in the room in which the election is being conducted atall times. A representative may serve part of the day and be replaced bysuccessive representatives. The officers of election shall have discretion topermit up to three authorized representatives of each political party orindependent candidate in a general or special election, or up to threeauthorized representatives of each candidate in a primary election, to remainin the room in which the election is being conducted. The officers shallpermit one such representative for each pollbook station. However, no morethan one such representative for each pollbook station or threerepresentatives of any political party or independent candidate, whichevernumber is larger, shall be permitted in the room at any one time. Eachauthorized representative shall be a qualified voter of any jurisdiction ofthe Commonwealth. Each representative shall present to the officers ofelection a written statement designating him to be a representative of theparty or candidate and signed by the county or city chairman of his politicalparty, the independent candidate, or the primary candidate, as appropriate.Such statement, bearing the chairman's or candidate's original signature, maybe photocopied, and such photocopy shall be as valid as if the copy had beensigned. No candidate whose name is printed on the ballot shall serve as arepresentative of a party or candidate for purposes of this section.Authorized representatives shall be allowed, whether in a regular pollingplace or central absentee voter precinct, to be close enough to the processto be able to hear and see what is occurring. Any representative whocomplains to the chief officer of election that he is unable to hear or seethe process may accept the chief officer's decision or, if dissatisfied, hemay immediately appeal the decision to the local electoral board. Authorizedrepresentatives shall be allowed, whether in a regular polling place orcentral absentee voter precinct, to use a handheld wireless communicationsdevice, except that authorized representatives shall not be allowed to usesuch devices when they contain a camera or other imaging device to film orphotograph inside a polling place or central absentee voter precinct. Theofficers of election may prohibit the use of cellular telephones or otherhandheld wireless communications devices if such use will result in aviolation of subsection A or D or § 24.2-607. Authorized representativesshall not be allowed in any case to provide assistance to any voter aspermitted under § 24.2-649 or to wear any indication that they are authorizedto assist voters either inside the polling place or within 40 feet of anyentrance to the polling place.
D. It shall be unlawful for any authorized representative, voter, or anyother person in the room to (i) hinder or delay a qualified voter; (ii) give,tender, or exhibit any ballot, ticket, or other campaign material to anyperson; (iii) solicit or in any manner attempt to influence any person incasting his vote; (iv) hinder or delay any officer of election; or (v)otherwise impede the orderly conduct of the election.
E. The officers of election may require any person who is found by a majorityof the officers present to be in violation of this section to remain outsideof the prohibited area. Any person violating subsection A or D of thissection shall be guilty of a Class 1 misdemeanor.
F. This section shall not be construed to prohibit a candidate from enteringany polling place on the day of the election to vote, or to visit a pollingplace for no longer than 10 minutes per polling place per election day,provided that he complies with the restrictions stated in subsections A, D,and K of this section.
G. This section shall not be construed to prohibit a minor from entering apolling place on the day of the election to vote in a simulated election atthat polling place, provided that the local electoral board has determinedthat such polling place can accommodate simulated election activities withoutinterference or substantial delay in the orderly conduct of the officialvoting process. Persons supervising or working in a simulated election inwhich minors vote may remain within such polling place. The local electoralboard and the chief officer for the polling place shall exercise authorityover, but shall have no responsibility for the administration of, simulatedelection related activities at the polling place.
H. A local electoral board, and its general registrar, may conduct a specialelection day program for high school students, selected by the electoralboard in cooperation with high school authorities, in one or more pollingplaces designated by the electoral board, other than a central absentee voterprecinct. The program shall be designed to stimulate the students' interestin elections and registering to vote, provide assistance to the officers ofelection, and ensure the safe entry and exit of elderly and disabled votersfrom the polling place. Each student shall take and sign an oath as anelection page, serve under the direct supervision of the chief officer ofelection of his assigned polling place, and observe strict impartiality atall times. Election pages may observe the electoral process and seekinformation from the chief officer of election, but shall not handle or touchballots, voting machines, or any other official election materials, or enterany voting booth.
I. A local electoral board may authorize in writing the presence ofadditional neutral observers as it deems appropriate, except as otherwiseprohibited or limited by this section. Such observers shall comply with therestrictions in subsections A and D of this section and shall not be allowedin any case to provide assistance to any voter as permitted under § 24.2-649or to wear any indication that they are authorized to assist voters eitherinside the polling place or within 40 feet of any entrance to the pollingplace.
J. The officers of election shall permit representatives of the news media tovisit and film or photograph inside the polling place for a reasonable andlimited period of time while the polls are open. However, the media (i) shallcomply with the restrictions in subsections A and D of this section; (ii)shall not film or photograph any person who specifically asks the mediarepresentative at that time that he not be filmed or photographed; (iii)shall not film or photograph the voter or the ballot in such a way thatdivulges how any individual voter is voting; and (iv) shall not film orphotograph the voter list or any other voter record or material at theprecinct in such a way that it divulges the name or other informationconcerning any individual voter. Any interviews with voters, candidates orother persons, live broadcasts, or taping of reporters' remarks, shall beconducted outside of the polling place and the prohibited area. The officersof election may require any person who is found by a majority of the officerspresent to be in violation of this subsection to leave the polling place andthe prohibited area.
K. The provisions of subsections A and D shall not be construed to prohibit aperson who approaches or enters the polling place for the purpose of votingfrom wearing a shirt, hat, or other apparel on which a candidate's name or apolitical slogan appears or from having a sticker or button attached to hisapparel on which a candidate's name or a political slogan appears. Thisexemption shall not apply to candidates, representatives of candidates, orany other person who approaches or enters the polling place for any purposeother than voting.
(Code 1950, §§ 24-186, 24-188; 1970, c. 462, § 24.1-101; 1971, Ex. Sess., c.119; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1984, c. 480; 1993, cc. 413,641; 1997, c. 328; 2000, cc. 215, 268; 2003, c. 1015; 2007, c. 672; 2009, cc.396, 494, 865, 870, 874; 2010, cc. 448, 707.)