TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 23

ELECTIONS

18-2318.  Electioneering at polls prohibited. (1) In order to protect the freedom of voters to exercise their franchise without interference or intimidation and to ensure the administration of an election at any polling place is undisturbed, the provisions of this section shall apply on any day that ballots are being cast in person for any election.

(2)(a)  No person may, within a polling place, within any building in which an election is being held, or within two hundred fifty (250) feet of the primary entrance and exit used by voters at a polling place or other voting location:

(i)   Do any electioneering;

(ii)  Circulate cards or handbills of any kind;

(iii) Solicit signatures to any kind of petition;

(iv)  Advocate for or against any candidate or measure;

(v)   Solicit votes in any manner or by any means;

(vi)  Give or offer to give any money or gifts; or

(vii) Engage in any practice that interferes with the freedom of voters to exercise their franchise or disrupts the administration of the polling place.

(b)  The restrictions set forth in this subsection shall not apply to conduct occurring on private property located adjacent to a building designated as a polling place.

(3)   No person may obstruct the doors or entries to a building in which a polling place is located or prevent free access to and from any polling place.

(4)  Nothing in this section shall be construed to prohibit poll workers and elections officials from being physically present at a voting location, distributing material that is necessary to instruct electors, or distributing materials prepared by the secretary of state or by the county clerk.

(5)  Any election official may take the necessary steps to address electioneering, including but not limited to the removal of physical materials, addressing individuals deemed to be electioneering, or contacting law enforcement.

(6)  The first two (2) violations of this section by a person shall be deemed an infraction punishable by a fine in the amount of three hundred dollars ($300) for each such violation. Any person who violates this section three (3) or more times is guilty of a misdemeanor.

History:

[18-2318, added 1986, ch. 97, sec. 2, p. 276; am. 1997, ch. 360, sec. 1, p. 1061; am. 2006, ch. 71, sec. 5, p. 218; am. 2007, ch. 202, sec. 1, p. 620; am. 2024, ch. 195, sec. 1, p. 700.]