Every election day brings confusion about what reporters (and bloggers or other journalists) can and cannot do in the close proximity of polling places. Here’s are the provisions of California law governing newsgathering activities at polling places while the polls are open:
18541. (a) No person shall, with the intent of dissuading another
person from voting, within 100 feet of a polling place, do any of the
following:
(1) Solicit a vote or speak to a voter on the subject of marking
his or her ballot.
(2) Place a sign relating to voters’ qualifications or speak to a
voter on the subject of his or her qualifications except as provided
in Section 14240.
(3) Photograph, videotape, or otherwise record a voter entering or
exiting a polling place.
(b) Any violation of this section is punishable by imprisonment in
a county jail for not more than 12 months, or in the state prison.
Any person who conspires to violate this section is guilty of a
felony.
(c) For purposes of this section, 100 feet means a distance of 100
feet from the room or rooms in which voters are signing the roster
and casting ballots.
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14221. Only voters engaged in receiving, preparing, or depositing
their ballots and persons authorized by the precinct board to keep
order and enforce the law may be permitted to be within the voting
booth area before the closing of the polls.
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