A coalition of news organizations led by CalMatters and a First Amendment advocacy group has written to Kern County officials warning that Election Day guidelines issued by some California counties restricting press coverage at polling places appear to violate state statutes and constitutional protections of a free press.
The letter, from a coalition of media outlets led by CalMatters and the First Amendment Coalition, follows initial media guidelines from Kern County elections officials prohibiting news personnel from filming within 100 feet of polling sites and ballot drop boxes, among other limitations. The coalition said it has identified other counties with similar prohibitions, and the restrictions may stem from recent notices and poll worker training standards from the California secretary of state, ahead of Tuesday's elections.
The guidelines bar electioneering, or efforts to persuade voters to vote a certain way, and prohibit photographing or recording voters who are entering, inside or exiting a polling place without their permission. But Ginny LaRoe, advocacy director at the First Amendment Coalition, said that as long as outlets do not try to influence voters, the restrictions go beyond what state law limits and possibly run afoul of constitutional protections of a free press.
Angélica Salceda, an attorney for the American Civil Liberties Union of Northern California, said she worries the restrictions would also have a chilling effect on bystanders who may be discouraged from recording federal immigration activity that may occur near polling stations. "We don't want someone who might be reporting potentially unlawful federal law enforcement activity near a polling location to be told that they're violating the law simply because of where they're standing. Getting that clarifying guidance from county registrars, before those restrictions are misapplied, is very important."
Barring media from capturing voters entering vote centers conflicts with a long U.S. history of reporters gathering footage outside polling stations, from long lines to voters explaining why they are casting ballots and politicians showing up at the polls to vote.
Dedee Verdin, a spokesperson for the secretary of state's office, emailed CalMatters on Sunday night that the office is seeking more clarity from its experts and will respond when she learns more.
Analysis
Why This Matters
- The restrictions could stop journalists and bystanders from documenting how Tuesday's voting runs, including lines, turnout and any problems at polling places, weakening real-time public oversight of elections.
- The dispute tests whether electioneering rules meant to stop voter persuasion can be applied to newsgathering, a First Amendment question that reaches beyond California.
- The secretary of state's office has not yet set out its position, and with several counties reportedly issuing similar rules, the practical impact could spread quickly.
Background
California holds its midterm elections on Tuesday, with voters casting ballots across the state for legislative and other offices. States commonly bar electioneering, or campaigning aimed at persuading voters, within a set distance of polling places to protect voters from pressure, and courts have long recognized newsgathering as an activity the First Amendment shields, though not absolutely. The dispute turns on whether county guidelines written with electioneering in mind may be applied to the press.
Key Perspectives
Kern County elections officials: issued the initial guidelines prohibiting media from filming within 100 feet of poll sites and ballot drop boxes, and barring recording of voters without their permission.
Ginny LaRoe, First Amendment Coalition: says the restrictions go beyond what state law limits and possibly run afoul of constitutional free press protections as long as outlets do not try to influence voters.
Angélica Salceda, ACLU of Northern California: worries the restrictions will chill bystanders from recording federal immigration activity near polling stations, and wants county registrars to clarify the rules before they are misapplied.
California secretary of state's office: through spokesperson Dedee Verdin, says it is seeking more clarity from its experts and will respond when it learns more.
What to Watch
- Whether the California secretary of state's office clarifies or revises the recent notices and poll worker training standards that may have prompted the county guidelines.
- How Kern County responds to the coalition's letter, and whether it adjusts its media guidance before polls close on Tuesday.
- Whether the coalition, which says it has identified other counties with similar prohibitions, presses those counties to change their rules.
Checked
11 claims in this story checked against 1 source: 10 supported.
Show each claim
- Partly supportedA media coalition is challenging press rules issued by multiple California counties.CalMatters: “A coalition of media outlets, led by CalMatters, and a First Amendment advocacy group sent a letter to Kern County raising these concerns”
- SupportedThe coalition says other counties have similar restrictions, while the secretary of state’s office is seeking clarity.CalMatters: “The coalition has identified other counties with similar prohibitions. These restrictions potentially stem from recent notices and poll worker training standards from the California secretary of state.”
- SupportedA coalition led by CalMatters and a First Amendment advocacy group wrote to Kern County officials about guidelines that appear to violate state statutes and constitutional press protections.CalMatters: “A coalition of media outlets, led by CalMatters, and a First Amendment advocacy group sent a letter to Kern County raising these concerns”
- SupportedKern County’s initial media guidelines prohibited filming within 100 feet of polling sites and ballot drop boxes, among other limits.CalMatters: “after county elections officials issued initial media guidelines prohibiting media personnel from filming from within 100 feet of poll sites and ballot drop boxes, among other limitations.”
- SupportedThe restrictions may stem from recent notices and poll worker training standards from the California secretary of state, ahead of Tuesday’s elections.CalMatters: “These restrictions potentially stem from recent notices and poll worker training standards from the California secretary of state.”
- SupportedThe guidelines prohibit electioneering and photographing or recording voters entering, inside or exiting polling places without permission.CalMatters: “In the guidelines, electioneering — or efforts to persuade voters to vote a certain way — is prohibited. The guidelines prohibit photographing or recording voters who are entering, inside or exiting a polling place without their permission.”
- SupportedGinny LaRoe said that, if outlets do not try to influence voters, the restrictions exceed state law’s limits and may run afoul of constitutional press protections.CalMatters: “But as long as outlets do not try to influence voters, these restrictions go beyond what state law limits and possibly run afoul of constitutional protections of a free press, said Ginny LaRoe”
- SupportedAngélica Salceda said the restrictions could chill bystanders from recording federal immigration activity near polling stations.CalMatters: “Angélica Salceda, an attorney for American Civil Liberties Union Northern California, said she worries that the restrictions would also have a chilling effect on bystanders who may be discouraged from recording federal immigration activity that may occur near polling stations.”
- SupportedSalceda said: “We don't want someone who might be reporting potentially unlawful federal law enforcement activity near a polling location to be told that they're violating the law simply because of where they're standing. Getting that clarifying guidance from county registrars, before those restrictions are misapplied, is very important.”CalMatters: “Salceda: “We don’t want someone who might be reporting potentially unlawful federal law enforcement activity near a polling location to be told that they’re violating the law simply because of where they’re standing. Getting that clarifying guidance from county registrars, before those restrictions are misapplied, is very important.””
- SupportedBarring media from capturing voters entering vote centers conflicts with a long U.S. history of reporters gathering footage outside polling stations.CalMatters: “Barring media from capturing voters entering vote centers conflicts with a long U.S. history of reporters gathering footage outside polling stations.”
- SupportedDedee Verdin said the secretary of state’s office was seeking more clarity from experts and would respond when she learned more.CalMatters: “Dedee Verdin, a spokesperson for the secretary of state’s office, emailed CalMatters Sunday night that the office is seeking more clarity from its experts and will respond when she learns more.”