Election Day legal issues and the newsroom

A Florida media law firm, Thomas & LoCicero, sent around a tip sheet for journalists this Election Day. What follows is copied exactly from the firm’s e-mail:

In anticipation of Election Day and in recognition of Florida’s checkered voting past, here are some general issues that may arise in your coverage of voting in Florida. If you have questions about specific newsgathering situations, you should seek more in-depth legal advice.

Access to Election-Related Public Records

• Election records: Generally, election records are open to public inspection under Florida’s Constitution and Public Records Act. Ask for the record and require the agency to cite a statutory exemption by number, if the request is denied.
• Access to ballots: After the election, you have the right to inspect ballots and take notes regarding the votes cast. You are not entitled to copies of the ballots, however, and you may not touch the ballots. Sections 119.07(5) & 101.572, Florida Statutes.
• Voter registration and voter records: You have the right to inspect and copy records concerning registration list maintenance programs. The following information, however, is confidential and exempt from public disclosure: declinations to register to vote; information relating to the place where a person is registered to vote or where a person updated a voter registration; social security numbers, driver’s license numbers, and Florida identification numbers for voters or applicants. Section 97.0585, Florida Statutes.

At Polling Places

• The terms of Florida’s statute provide that the only interaction with voters permitted within the 100-foot zone surrounding Florida’s polling places and early voting sites is “exit polling,” a term that is undefined. The 100-foot zone should be clearly marked at each polling place.
• Though journalists may be physically located within the 100-foot zone, journalists’ highest risk of violating this statute involves interaction with voters prior to their voting (most often, when they’re in line). Photographing waiting voters within the zone – without interacting with them – is likely legally permissible. That does not mean that law enforcement and/or Supervisors of Elections will not try to stop such newsgathering within the zone.
• Although the statute technically bars questioning exiting voters who have already cast their votes, case law calls into question the constitutionality of prohibiting journalists from asking questions of voters who have already voted within the 100-foot zone. Journalists are likely legally permitted to ask questions of exiting voters. Please note that various Supervisors of Elections interpret this statute in various ways – some asserting that questioning is unlawful. In such circumstances, you may be asked to stop questioning exiting voters within the zone – or even arrested. You should consult with your editors on how to respond in such situations.
• Outside of the 100-foot zone, a journalist’s interaction with voters is not be restricted by this statute.
• Journalists are NOT allowed in polling places – except to cast their own votes, of course.

Thomas & LoCicero’s Tampa Office
400 N. Ashley Drive, Ste. 1100, Tampa, FL 33602
P.O. Box 2602, Tampa, FL 33601-2602
Ph. 813-984-3060 fax 813-984-3070 toll free 866-395-7100

Thomas & LoCicero’s South Florida Office
101 N.E. Third Avenue, Ste. 1500
Ft. Lauderdale, FL 33301
Ph. 954-332-3619 fax 877-967-2244 toll free 866-967-2009

If you’d like clarification or more details, I suggest you contact this or another law firm.