These CA Election Day rules could block news coverage of voting
By Lynn La, CalMatters ·
Some California counties are issuing guidelines restricting the press from documenting Election Day proceedings at polling places in ways that appear to violate state statutes and the First Amendment.
A coalition of media outlets, led by CalMatters, and a First Amendment advocacy group sent a letter to Kern County raising these concerns, after county elections officials issued initial media guidelines prohibiting media personnel from filming from within 100 feet of poll sites and ballot drop boxes, among other limitations. The coalition has identified other counties with similar prohibitions.
These restrictions potentially stem from recent notices and poll worker training standards from the California secretary of state. In the guidelines, electioneering — or efforts to persuade voters to vote a certain way — is prohibited. The guidelines prohibit photographing or recording voters who are entering, inside or exiting a polling place without their permission.
But as long as outlets do not try to influence voters, these restrictions go beyond what state law limits and possibly run afoul of constitutional protections of a free press, said Ginny LaRoe the advocacy director at the First Amendment Coalition, which is part of the group raising alarm.
Angélica Salceda, an attorney for American Civil Liberties Union Northern California, said she worries that the restrictions would also have a chilling effect on bystanders who may be discouraged from recording federal immigration activity that may occur near polling stations.
- Salceda: “We don’t want someone who might be reporting potentially unlawful federal law enforcement activity near a polling location to be told that they’re violating the law simply because of where they’re standing. Getting that clarifying guidance from county registrars, before those restrictions are misapplied, is very important.”
Barring media from capturing voters entering vote centers conflicts with a long U.S. history of reporters gathering footage outside polling stations. News organizations have previously captured long lines, voters explaining why they are casting their ballots, and politicians showing up at polls to vote.
Dedee Verdin, a spokesperson for the secretary of state’s office, emailed CalMatters Sunday night that the office is seeking more clarity from its experts and will respond when she learns more.
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Tech money in CA politics
A powerful force in California politics is flexing its might to influence Tuesday’s electoral outcomes: Big tech.
Homegrown tech giants such as Facebook owner Meta, Uber and Google are responsible for a fifth of all the outside campaign spending on state Senate and Assembly races, report CalMatters’ Khari Johnson and Jeremia Kimelman.
So far outside spending from all donors has topped $128 million — well over the $74 million spent in the last midterm election in 2022. Experts say it makes sense that a powerful industry would want to attempt to protect its interests through campaign donations. Tech firms want to support moderate and pragmatic candidates who can let the industry innovate without too much regulation, one insider said. However, a state lawmaker thinks tech is trying to buy the Legislature. Others suggest tech’s donations might fuel more opposition against the sector.
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- Marsh: “Otherwise it opens the door for interest groups to step in and have outsized power.”
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