Kern County election officials revised their media coverage guidelines this week after news organizations and civil rights groups objected to restrictions that barred reporters from filming within 100 feet of polling sites and ballot drop boxes. The original rules were issued Oct. 27, just days before Tuesday's election, and were updated Oct. 30 following pushback from press-rights advocates.
What the Original Rules Said
On Oct. 27, the Kern County election office issued media guidelines prohibiting media personnel from filming from within 100 feet of poll sites and ballot drop boxes, according to mv-voice.com. News organizations and the First Amendment Coalition quickly challenged the initial filming restrictions, per the Taft Midway Driller.
The county revised its guidance on Oct. 30. The updated rules say outlets cannot film voters dropping off ballots if the voter “feels intimidated by being filmed,” as reported by CalMatters. The same revision also requires media interviews to be conducted at least 25 feet from a polling-place entrance.
Media Groups Push Back on Both Provisions
A coalition of media outlets and press-rights groups sent Kern County a letter raising concerns about the restrictions, the CalMatters report notes. The coalition argued that a voter's report of feeling intimidated alone does not establish a statutory prohibition on filming — the outlet's account states there is no statute requiring journalists to stop filming ballot drop-offs simply because a voter says they feel intimidated.
The coalition also contended that the county's cited 25-foot distance provision applies to exit polling interviews rather than every journalistic interview conducted near a polling place. The evidence does not resolve whether that legal dispute has been settled one way or the other.
First Amendment Coalition Calls for Compliance With State Law
Ginny LaRoe of the First Amendment Coalition said it's the responsibility of counties to ensure that the restrictions they're implementing are consistent with state law and constitutional protections, according to the mv-voice.com report. The organization identified at least nine other counties besides Kern whose rules reiterated the secretary of state's guidelines, including Alameda, Los Angeles and Santa Clara, per the same CalMatters account.
The First Amendment Coalition's election access guide distinguishes observing election procedures from recording them, and notes that observation rights do not grant unrestricted permission to photograph or film inside polling locations. Local election officials may establish their own policies on photography and filming inside polling locations, while the coalition maintains that lawful photography and reporting from public areas outside polling places should be protected.
What State Rules Actually Allow
California's prohibition on photographing voters within 100 feet of a polling-place entrance applies when the activity is intended to discourage someone from voting. Separately, state poll-worker guidance prohibits photographing or recording voters inside polling places or while they are entering or leaving, without permission, unless a county elections official allows otherwise.
California poll-worker training materials allow identified reporters to speak with voters leaving polling places, as long as they stay at least 25 feet from the entrance and do not interrupt voting. The California Secretary of State advises journalists to contact county election officials before election day with any access questions. Reporters and other observers are not permitted to interfere with voting, enter voting booths while polls are open, or handle ballots and voting equipment.
A Reporters Committee for Freedom of the Press guide notes that the Ninth Circuit held in 1988 that a state law prohibiting exit polling within 300 feet of a voting place was unconstitutional on its face. The same guide states that courts have generally permitted reasonable polling-place access limits, such as a 25-foot restriction, while several courts have found exit-polling restrictions of 100 feet or more impermissible.
Polls will be open from 7 a.m. to 8 p.m. on Tuesday. Voters or reporters with questions can reach the Kern County Elections Division at 661-868-3590.
