I’m going to side with South Dakota on this one. Ensuring that entry to and exit from polling places is not interfered with is a legitimate state interest – and subjecting pollsters to the same distance restrictions as campaign workers is a legitimate way of doing so.

The three major networks, CNN, Fox News and the Associated Press filed a lawsuit yesterday asking a federal judge to strike down a South Dakota law that prevents exit polling within 100 feet of a voting place.

The law violates the First Amendment because it restricts the news organizationsÂ’ speech and commentary about the political process and limits their opportunities to gather information about that process, according to the lawsuit.

The lawsuit, filed in federal court in Sioux Falls, asks that the case be handled quickly because South DakotaÂ’s primary election is June 3, just three weeks away. It seeks a preliminary ruling before the primary to prevent South Dakota officials from barring exit polling within 100 feet of polling places.

Now let’s consider the practical impact of undoing this rule. Pollsters could come up to the door of the polling place, asking questions and soliciting answers to polling questions – leading to voters hearing the answers and, effectively, being subject to electioneering conversations. The distance regulation imposes a minimal restriction upon them, and one that does not burden the exercise of their rights any more than it does the rights of those engaged in political speech to campaign for the candidate of their choice.

As such, the lawsuit should fail.

Posted by: Greg at 09:14 AM | No Comments | Add Comment
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