No person, including candidates, campaign staff, volunteers,
or those opposed to a candidate or in favor of or opposed to any proposition
on the ballot, shall engage in electioneering, distribution of campaign
materials or sample ballots, or the posting of political signage within
100 feet of any polling place within the Town between the hours of
6:45 a.m. and 8:15 p.m. on the day of any election. The Board of Supervisors
of Elections shall conspicuously mark the one-hundred-foot distance
from each polling place not later than 6:45 a.m. on the day of each
election.
[Amended 8-6-2020 by Ord. No. 708]
A. Designation and removal of challengers and watchers.
(1) The following persons or entities have the right to designate a registered
voter as a challenger or a watcher at each place of registration and
election:
(a)
The state board for any polling place in the state;
(b)
A local board for any polling place located in the county of
the local board;
(e)
Any other group of voters supporting or opposing a candidate,
principle, or proposition on the ballot.
(2) A person who appoints a challenger or watcher may remove the challenger
or watcher at any time.
B. Rights of challengers and watchers. Except as provided in Subsection
D of this section, a challenger or watcher has the right to:
(1) Enter the polling place 10 minutes before the polls open;
(2) Enter or be present at the polling place at any time when the polls
are open;
(3) Remain in the polling place until the completion of all tasks associated
with the close of the polls and the election judges leave the polling
place;
(4) Maintain a list of registered voters who have voted, or individuals
who have cast provisional ballots, and take the list outside of the
polling place; and
(5) Enter and leave a polling place for the purpose of taking outside
of the polling place information that identifies registered voters
who have cast ballots or individuals who have cast provisional ballots.
C. Certificate.
(1) Form; submittal.
(a)
A certificate, in a form approved by the Board of Supervisors
of Elections, signed by any party or candidate shall be sufficient
evidence of the right of a challenger or watcher to be present in
the voting room.
(b)
The certificate shall be submitted to the Town Clerk not later
than seven calendar days prior to the election.
(2) A challenger or watcher shall be positioned near the election judges
and inside the voting room so that the challenger or watcher may see
and hear each person as the person offers to vote.
D. Prohibited activities.
(1) A challenger or watcher may not attempt to:
(a)
Ascertain how a voter voted or intends to vote;
(b)
Converse in the polling place with any voter;
(c)
Assist any voter in voting;
(d)
Physically handle an original election document; or
(e)
Use a camera, electronic device or any audio recording device.
(2) An election judge may eject a challenger or watcher who violates the prohibitions under Subsection
D(1) of this section.
Any person who violates any provision of this Chapter
10 of the Code or Article V of the Charter of the Town of Denton is guilty of a misdemeanor and upon conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $1,000, or both.