February 16, 1973

THE HONORABLE F. H. CONWAY
Secretary Danville Electoral Board

CITE: 72-73 163

In your letter of February 9, 1973, you inquire whether the officers of election have the authority to exclude news reporters from polling places during an election, and you inquire whether the records of an election are governed by the Virginia Freedom of Information Act.

The Virginia Freedom of Information Act, which is found in §§2.1-340, et seq., of the Code of Virginia (1950), as amended, provides in §2.1-342(a) as follows:

"Except as otherwise specifically provided by law, all official records shall be open to inspection and copying by any citizens of this State having a personal or legal interest in specified records during the regular office hours of the custodian of such records. . . ."

In accordance with this provision, members of the press as well as the public must be permitted access to the records of the electoral board during the regular office hours of the board. This provision does not apply, however, to the activities of the board during the election itself, since §24.1-101 of the Code specifically provides otherwise as envisioned by the above-quoted language from §2.1-342.

Section 24.1-101 provides, in pertinent part, as follows:

"During the receiving and counting of the ballot, it shall be unlawful for any person to loiter or congregate within forty feet of any entrance of any polling place; in any manner to hinder or delay a qualified voter in reaching or leaving a polling place; within such distance to give, tender, or exhibit any ballot, ticket or other campaign material to any person or to solicit or in any manner attempt to influence any person in casting his vote. . . ."

In addition to this provision, §24.1-104 provides that if any person conduct himself so as to disturb the election, the officers of the election may cause him to be arrested and committed to jail.

It is my opinion, therefore, that if the officers of election at any polling place determine that any person, including a representative of the news media, is loitering or congregating within forty feet of the entrance of the polling place or is disturbing the election, they may take such steps as are necessary to have the individual removed.