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Mar

3

Ohio guidelines for poll access by “accredited media” v. “Internet writers”


I’m hoping to get some primary source reports posted during the day tomorrow while as Ohioans go to the polls to vote. For other folks interested in reporting, Advisory 2008-03 and Directive 2008-29 are helpful.

The guidelines for media access, where there’s a distinction made between “accredited media source” versus “internet writer”:

MEDIA ACCESS TO POLLING PLACES

The Secretary of State’s office is commonly asked whether the media must be granted access to polling places during an election. While it appears that statutory authority exists to keep the media from entering polling places (R.C. 3501.30, discussed above), a federal court has effectively enjoined election officials and authorities from enforcing that statute against representatives of the media. The United States Court of Appeals for the Sixth Circuit, in Beacon Journal Publishing Company, Inc. v. Blackwell, 389 F.3d 683 (6th Cir. 2004), stated that the media must be granted “reasonable access to any polling place for the purpose of news-gathering and reporting so long as [they] do not interfere with poll workers and voters as voters exercise their right to vote.”

Poll workers must grant representatives of the media access to polling locations, but they must consider several factors in granting access so as to ensure voters are not disturbed or delayed. Such factors include, but are not limited to:

  1. the credentials of the media representative, and whether the purported media representative is from an accredited media source as opposed to an internet writer;
  2.  the length of time the media is present;
  3. the length of voter lines;
  4. the layout of the polling location;
  5. whether voter secrecy may be compromised;
  6. the conduct of the representatives of the media who are present; and
  7. the effect the presence of the media has on voters and poll workers.

If a representative of the media interrupts, disrupts, interferes with, or otherwise disturbs the administration of an election, intimidates voters in any way, or jeopardizes the secrecy of the ballot, he or she may be removed from the polling place.  If assistance is necessary to remove a media representative, the presiding judge has the authority to seek the assistance of law enforcement officials, ordering them to remove the offending person(s).

The court’s ruling in the Beacon Journal case did not address media access to polling places or rooms in offices of boards of elections where counting is occurring after the close of polls, or the statute that appears to prohibit media access to polling places or rooms in offices of boards of elections where counting is occurring after the close of polls. R.C. 3505.21 provides in pertinent part:

No persons other than the judges of elections, the observers, a police officer, other persons who are detailed to any precinct on request of the board of elections, or the secretary of state or the secretary of state’s legal representative shall be admitted to the polling place, or any room in which a board of elections is counting ballots, after the closing of the polls until the counting, certifying, and signing of the final returns of each election have been completed.

Consequently, boards of elections still are prohibited from granting the media access to polling locations or rooms at board of elections offices where counting is occurring after the polls close.

Here’s the info on exit polling:

EXIT POLLING WITHIN 100 FEET OF THE ENTRANCE TO A POLLING LOCATION

While some of the statutes discussed above seem to indicate that exit polling may be prohibited within the area marked by the U.S. flags, a federal court has effectively enjoined election officials and authorities from enforcing those statutes against exit pollsters within 100 feet of a polling place.

Specifically, in American Broadcasting Co., Inc. v. Blackwell, 479 F.Supp. 2d 719 (S.D. Ohio 2006), Judge Watson stated:

It would be unlawful, and a violation of the First Amendment to the U.S. Constitution, to interpret, apply, or enforce Ohio’s election Loitering Statutes, Ohio Rev. Code §§ 3501.30, 3501.35 and 3599.24, to prohibit exit polls within 100 feet of polling places.

Thus, unless an exit pollster is interfering with or disrupting an election, harassing electors, or otherwise violating the law, exit pollsters may operate within the area marked by the U.S. flags at each polling location on an election day.

Judge Watson’s order does not specify or permit exit polling within a polling place.  Courts have long recognized the compelling need for election officials to provide and protect a neutral environment for voting and to protect voters from intimidation. Thus, the statutes referenced above may still be interpreted to prohibit exit polling.

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By Jill Miller Zimon at 10:28 pm March 3rd, 2008 in 'Roots News, Blogging, Elections, Media, Ohio, Politics, Primary, WH2008, Writing 

Comments

2 Responses to “Ohio guidelines for poll access by “accredited media” v. “Internet writers””

  1. 1 LilaTov Cocktail on March 4th, 2008 4:50 pm

    Jill, after I emailed that part of that memo to you, it occurred to me you might have a response to that little distinction.

    “Internet writer” – what kind of phrase is that, anyway? It sounds so 2000, before we had the terms “blogger” and “citizen journalist.”

  2. 2 Jill Miller Zimon on March 8th, 2008 10:59 am

    Lila – thanks for the comment – I totally agree. Isn’t it weird!? And I know SOS Brunner has ahead of the curve folks there. I’m going to guess that they were catering more to people who are very much NOT Internet savvy. Maybe by the next election, they’ll have that updated – it’s very important, of course, but getting the votes cast and counted is more important – even I can admit that. :)

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