10/20/06

Federal judge in Florida questions constitutionality of Florida's exit poll limit


By CURT ANDERSON
Associated Press Writer

MIAMI (AP) -- A federal judge raised strong doubts Friday about the constitutionality of a Florida law banning exit polls within 100 feet of a voting place, a restriction being challenged by The Associated Press and five television networks.

U.S. District Judge Paul C. Huck said he was leaning toward ruling in favor of the news media in a written order to be issued next week, in time for exit polling to be done during the Nov. 7 election. Huck said he could find no evidence that exit polling had hindered the right to vote.

"I'm convinced there hasn't been any disruption of the voting process by exit polling," Huck said. "It seems to me that we should come up with some rules that everybody can live with."

At issue is a 2005 Florida law that set a 100-foot limit around every polling place where a number of activities are banned, including polling, solicitation, distribution of campaign material, selling goods or seeking contributions.

The AP and five networks -- CBS, NBC, ABC, CNN and Fox -- sued to challenge the law on grounds that prohibiting exit polls violates the First Amendment's freedom of the press and free speech protections. They have jointly conducted exit polls for numerous elections, using the results to project winners in key races as well as analyze political and social trends.

The 100-foot limit would interfere with exit polling by making it more difficult to approach voters, harming the accuracy of the poll, news media attorney Susan Buckley said. She added that exit polling is not disruptive, usually involving a single worker asking certain voters to voluntarily fill out a questionnaire after they have cast their ballots.

"It's really a very non-confrontational activity," Buckley said, adding that the media consortium planned to do exit polls outside 40 precincts in Florida this year.

Attorneys for Secretary of State Sue Cobb, who oversees Florida elections, argued that the state Legislature passed the law to encourage voters to go to the polls by making it a pleasant experience. Many voters, they said, came away from polling places feeling that they were "running the gauntlet" because of various kinds of harassment.

"What they're trying to do is protect the voter. I don't think there's any suggestion that they are trying to interfere with newsgathering," said Allen Winsor, one of the lawyers representing Cobb's office.

Huck, however, noted that none of 5,000 recent complaints about problems at polls in Miami-Dade County directly involved exit polling. The judge suggested that he may fashion an order ensuring that exit polling can go forward without limits statewide but leaving intact the 100-foot restriction for other activities outside polling places.

"If there is no harm from exit polling, shouldn't the statute be more narrowly drawn to exclude this very important speech?" he said.

The news organizations prevailed last month in a challenge against a 2004 directive in Ohio that barred exit polling within 100 feet of a voting place. A hearing is scheduled for Oct. 31 on similar law in Nevada.