R 168.214 Rights and duties of challengers.

Rule 14. (1) When entering an Election Day polling place, early voting site, or absent voter ballot processing facility, a challenger shall make the challenger’s presence known to the challenger liaison and complete the oath set out in R 168.215 before making any challenges or enjoying any of the rights accorded to a challenger. The challenger’s name, credentialing organization, and time of arrival must be recorded in a pollbook. If the challenger is credentialed in more than 1 precinct or counting board at a location, the challenger liaison may allow the challenger to complete the oath only once and be recorded in only one pollbook. (2) If the challenger leaves an Election Day polling place, early voting site, or absent voter ballot processing facility before the end of tabulation, the challenger shall notify the challenger liaison. On notification, the time that the challenger leaves must be recorded in the pollbook. (3) Properly credentialed challengers who made the challenger’s presence known to the challenger liaison and have signed the oath set out in R 168.215 have the right to the following: (a) Be present in the polling place, early voting site, absent voter ballot processing facility, or Election Day vote center. (b) Make challenges to the challenger liaison or the challenger liaison’s designee as provided in R 168.208 and R 168.209. (c) Be treated with respect by election inspectors. (d) Be provided with reasonable assistance in performing the duties of a challenger. (e) Inspect applications to vote, registration lists, and other printed materials used to conduct elections that are available at the location, so long as the challenger does not touch or handle any of those materials and so long as the inspection does not interfere with the voting process. (f) Observe election inspectors’ preparation of voting equipment at the polling place or early voting site before the opening of the polls during the early voting period and on Election Day, and observe election inspectors’ handling of voting equipment after the close of polls on Election Day, so long as the challenger does not touch or handle any of that equipment and so long as that observation does not interfere with the election inspectors in completion of the election inspectors’ duties. (g) Observe the election process from a reasonable distance, so long as election inspectors have sufficient room to perform the election inspectors’ duties and voters are not impeded in any way. (h) If serving in a polling place or early voting site during the early voting period or on Election Day, to use electronic devices, so long as the device is not disruptive and so long as the device is not used to photograph or make video or audio recordings of the polling place or early voting site except for posted election results. (i) If serving in an absent voter ballot processing facility, to use electronic devices, so long as the device is not disruptive and so long as the device is not used to photograph or make video or audio recordings except for posted election results. (j) Observe election-related activities at an early voting site or at a polling place on Election Day at any time the early voting site or polling place is open to the public, including before the opening of polls or after the closing of polls. (k) Take notes about the election process. (l) Notify the challenger liaison of perceived violations of election laws by third- parties, including electioneering within 100 feet of an entrance to the building where a polling place or early voting site is located, improper handling of a ballot by a voter, or other issues. (m) Remain in the Election Day polling place, early voting site, or absent voter ballot processing facility after the close of polls or the end of tabulation and until the election inspectors complete the election inspectors’ duties. (n) If serving in an early voting site or polling place where ballots are being issued, stand behind the processing table and intermittently move close enough to view the pollbook as ballots are issued to voters and the voters’ names are entered into the pollbook, so long as the challenger does not touch or handle the pollbook or otherwise interfere with the work of the election inspectors. (o) If serving at an absent voter ballot processing facility, stand in a location where the tabulation of absent voter ballots can be observed, or stand in a location where the challenger can intermittently move close enough to view the entry of the names of voters whose ballots are being processed into the pollbook, so long as the challenger does not touch or handle any election-related materials. (4) Challengers shall not: (a) Speak with or interact in any way with voters. (b) Threaten or intimidate voters, other challengers, or election inspectors, or attempt to threaten or intimidate voters, other challengers, or election inspectors at any stage of the voting process. (c) Continuously stand in close proximity to election inspectors in a way a reasonable individual could find intimidating. (d) Speak with or interact with election inspectors who are not the challenger liaison or the challenger liaison’s designee, unless given explicit permission by the challenger liaison or a member of the clerk’s staff. (e) Make repeated impermissible challenges. (f) Make a challenge indiscriminately or without good cause, or for the purpose of harassing, delaying, or annoying voters, election inspectors, or another individual. (g) Physically touch or interact with ballots, absent voter ballot envelopes, electronic pollbooks, physical pollbooks, or other election materials. (h) Stand so close to the pollbook or other materials that the challenger’s proximity to those materials interferes with the election inspectors’ ability to perform the election inspectors’ duties. (i) Use a device to photograph or make video or audio recordings in a polling place, early voting site, clerk’s office, or at an absent voter ballot processing facility, other than the recording of election results. (j) Provide or offer to provide assistance to voters. (k) Wear any clothing or other apparel relating to any party, candidate, or proposition on the ballot or that disrupts the peace or order of the early voting site or polling place, unless the challenger is serving at an absent voter ballot processing facility and is given permission or instructed to wear an identifier by an election official. (l) Wear clothing or other apparel expressly advocating for or against the election of a candidate or advocating the passage or defeat of a ballot measure. (m) Set up a table or other furniture in the early voting site or polling place. (n) Take any actions to disrupt or interfere with voting, ballot tabulation, or other election processes. (5) A challenger may request and be provided with a chair to use when conducting challenger activities, so long as the provision of the chair does not interfere with the orderly conduct of elections. The placement of the chair is at the discretion of the challenger liaison or clerk.