On the eve of Election Day, press freedom advocates are warning that some California counties have issued rules for journalists at polling places that may go further than state law allows, CalMatters reported Monday.

What sparked the concern

On Oct. 27, Kern County barred media from filming within 100 feet of poll sites and ballot drop boxes. After a letter from a media coalition, the county issued updated guidance on Oct. 30 saying outlets can't film voters dropping off ballots if a voter “feels intimidated,” and requiring all interviews to happen at least 25 feet from a polling place entrance. The coalition says that 25-foot rule applies only to exit polls.

The First Amendment Coalition found at least nine other counties, including Alameda and Santa Clara, that repeat Secretary of State guidelines barring photos or recordings of voters entering, inside or leaving a polling place without permission. A Secretary of State spokesperson, Dedee Verdin, told CalMatters she was seeking clarity from the office's experts.

Angélica Salceda of the ACLU of Northern California said she worries the rules could also discourage bystanders from recording federal immigration activity near polling sites.

What the law says

The First Amendment Coalition's field guide for reporters lays out the basics:

  • Voting is secret under the state constitution, and there is no general right to photograph inside a polling place. Local officials set those policies.
  • Exit polling should take place at least 25 feet from the entrance.
  • It is a crime to photograph or record someone within 100 feet of a polling place with the intent to dissuade them from voting.
  • At central counting centers, state law allows up to two representatives per media organization, and counties can cap the total at 10.

“The act of going out in public and the administration of our election by public officials is inherently public,” Ginny LaRoe of the First Amendment Coalition told CalMatters.

For voters

Electioneering, or trying to sway voters, is banned within 100 feet of a polling place. If you feel intimidated at a voting site, tell a poll worker. See our ballot tracking guide.

How to vote

Election Day is Tuesday, Nov. 3. Polls and vote centers close at 8 p.m., and mailed ballots must be postmarked by Election Day and arrive within seven days. You can check your registration and ballot status at sos.ca.gov/elections. California lets you register and vote the same day at a vote center.