Photo: Mark Larson
As millions of Californians head to the polls on Election Day, a cadre of journalists are following them to document democracy in action.
If you’re a journalist in the field today or a newsroom planning coverage you may have questions about your access rights, what you can observe and where you can photograph. And adding to some of the uncertainty, newsrooms and FAC have already identified some problematic county elections office policies and state guidance that could interfere with lawful newsgathering. To help with last-minute readiness, here is a rundown of the basics on media access rights and relevant restrictions on Election Day. For more detail, use our Reporter’s Field Guide: Election Day Access.
- Reporters may observe election operations
Journalists acting as election observers may observe polling-place proceedings before opening, during voting, and after closing, including equipment preparation and testing, and central counting through certification. Observation must permit meaningful viewing of the process. Follow lawful check-in, observation-area, and capacity rules. If physical observation capacity is limited, officials must provide an equal opportunity to observe, with a rotation or a lottery where necessary. (Elections Code section 15004, California Code of Regulations, Title 2, Division 7, Chapter 8.2, sections 20873(e) and (h), 20874(h) and 20875.)
- Media observers may ask procedural questions
Observers may ask questions and receive answers without disrupting voting or election operations. Officials may designate someone to respond. If that person is unavailable or none is designated, ask another precinct board member or appropriate election worker. Answers may be deferred until reasonably practicable. This does not require an on-camera interview or official media statement. (California Code of Regulations, Title 2, Division 7, Chapter 8.2, section 20873(j-k).)
- Exterior photography requires a careful distinction
Elections Code section 18541(a)(3) prohibits recording a voter entering or exiting a polling place with intent to dissuade someone from voting, within 100 feet of the specified building entrance, outdoor voting or ballot drop-off site. This does not categorically prohibit routine exterior news photographs of voter lines, arrivals and departures. Some official notices and local policies impose broader restrictions that FAC is questioning; seek help if those are applied to your reporting.
- Keep exit polling at least 25 feet away
Exit polling asks voters how they voted. The regulation permits it at least 25 feet from the locations specified in Elections Code section 319.5(b), including polling location entrances, outdoor voting spaces and ballot drop-off sites. Participation must be voluntary; do not obstruct or disrupt voting. (California Code of Regulations, Title 2, Division 7, Chapter 8.2, section 20878(a)(8).)
- Ordinary reporting differs from electioneering
While state law prohibits electioneering — including soliciting votes, discussing a voter’s qualifications and how they intend to mark their ballot — it does not expressly prohibit all reporting and news gathering. Questions about wait times, a voter’s motivation, voting procedures, etc. are distinct. Regulations do not expressly impose the 25-foot exit-polling distance requirement on every interview. Within 100 feet, do not solicit votes or discuss ballot marking or voter qualifications. Never intimidate voters or obstruct access. Follow lawful observation-area rules. (Elections Code section 18370(a), California Code of Regulations, Title 2, Division 7, Chapter 8.2, section 20878.)
- Observation and interior photography are separate
Observation rights do not themselves establish a general right to photograph, record, or broadcast inside polling locations, elections offices and vote counting centers, though it is allowed in most jurisdictions with restrictions. Check current local rules and seek permission where required. Protect ballot secrecy and confidential voter information; do not handle ballots or equipment or interfere with operations. Remain in designated observation areas unless authorized to go elsewhere. Camera restrictions remain subject to applicable law. (California Code of Regulations, Title 2, Division 7, Chapter 8.2, section 20876(b), 20878.)
- If access is restricted
Ask calmly for a supervisor and the legal basis for the restriction. Note the location, time, official’s name, and exact instructions you are given; preserve the policy or notice. Avoid confrontation, notify your editor and/or counsel, and contact FAC’s reporter support team at education[at]firstamendmentcoalition[dot]org.
For more information, check out FAC’s Reporter’s Field Guide: Election Day Access. And find more information about covering ballot processing, counting and certification here.
General information about California law, not legal advice for a specific situation. Reading this sheet does not create an attorney-client relationship. Updated November 3, 2026 by First Amendment Coalition staff Thadeus Greenson with contributions by Mickey Osterreicher, general counsel, National Press Photographers Association, which has additional guidance.