One federal district court has upheld restrictions on photography outside a polling place, but such restrictions are less common. Likewise, the California Court of Appeals found that a policy prohibiting photography and videotaping within polling places was constitutional given the state’s interest in maintaining ballot secrecy and an orderly voting process.
The court held that a state law barring non-voters within 50 feet of a polling place was unconstitutional as applied outside of the voting room, but constitutional as applied within the room itself. In 1989, the Florida Supreme Court heard a challenge by a newspaper whose photographer was ejected from a polling place after attempting to secure a photo of a candidate at the polls. With respect to photography, courts have upheld some restrictions inside polling locations, given concerns about election security. The court held that the state was required to permit a news organization “to have reasonable access to any polling place for the purpose of news-gathering and reporting so long as do not interfere with poll workers and voters as voters exercise their right to vote.” Id. Court of Appeals for the Sixth Circuit barred enforcement of a similar law in Ohio that restricted people from entering the polling place or “loiter” in the adjacent area outside. Court of Appeals for the Third Circuit rejected a challenge to a Pennsylvania statute that required persons to remain at least 10 feet away from polling places, holding that there was no First Amendment right of access for newsgathering purposes. Of the few courts that have addressed newsgathering at and around polling places apart from exit polling, the results are mixed. Updated in 2022 by legal interns Cat Reid and Alexis Shanes. Journalists with additional questions, including questions about states not featured in this guide, should contact the Reporters Committee’s legal hotline.Īuthored by Reporters Committee attorneys Sarah Matthews and Gunita Singh, legal fellows Audrey Greene and Kamesha Laurry, and legal interns Emma Lux and Shontee Pant. These guides are intended for informational purposes only and do not replace the legal advice of an attorney.
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Journalists who are reporting on protests and demonstrations during the election season can also learn more about the special risks they may face and how to stay safe in the Reporters Committee’s Police, Protesters, and the Press guide. The subsequent sections provide more specific information on each of the following battleground states: Arizona, Florida, Georgia, Michigan, Minnesota, Nevada, New Hampshire, North Carolina, Ohio, Pennsylvania and Wisconsin. The first four sections of this guide offer a general summary of information about exit polling, newsgathering in or near polling places, ballot selfies, and access to ballots and election records. The Election Legal Guide provides an overview of legal issues that journalists may face while reporting on the 2022 midterm elections.
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