Judge Rules on Exit Polls in Florida
MIAMI Oct 24, 2006 (AP)— A federal judge on Tuesday threw out a Florida law that prohibits exit polling within 100 feet of a voting place, finding there was no evidence that such surveys were disruptive or threatened access to voting.
Meanwhile, in Ohio, a media coalition argued in a lawsuit that the state's new guidelines on conducting exit polls, written after a judge threw out the old rules, are vague and confusing and should be rejected.
U.S. District Judge Paul C. Huck said Florida's law was unconstitutional and ordered state officials not to enforce it in the Nov. 7 election. He left intact the 100-foot limit for other activities such as distributing campaign material or peddling.
The ruling came on a lawsuit brought by The Associated Press and five television networks that want to conduct exit polls at about 40 Florida polling places next month.
The 2005 law, the judge concluded, violates the First Amendment's free speech and freedom of the press protections. The judge also said the law was too broad.
The AP and five networks CBS, NBC, ABC, CNN and Fox have jointly conducted exit polls during numerous elections, using the results to project winners in key races, as well as analyze political and social trends.
"It's the result we expected, but we're still thrilled," said Dave Tomlin, AP's associate general counsel.
Florida State Department spokeswoman Jenny Nash said elections officials were pleased that Huck did not strike down the entire law. She said no decision had been made on whether the exit polling aspect would be appealed.
"Order at the polls was really the intent. This decision works out well for everyone," Nash said.
At a hearing last week, news media attorneys argued that the 100-foot limit would interfere with exit polling by making it more difficult to approach voters, harming the poll's accuracy.
Attorneys for the state contended that the law was enacted to encourage voters to go to the polls by making it a pleasant experience. Many voters, they said, feel that they are "running the gauntlet" because of harassment.
Source: www.checkfreshnews.com
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