Attorney General's Polling Location Directive Upheld -- Only Exit Polling Allowed

An Appellate Division opinion today upheld the Attorney General's 2007 exit polling directive maintaining 100 foot zones around the entrances of polling locations that are free from non-partisan groups distributing voters' rights cards and which requires advance notice for the conducting of exit polling, whether by the media or a non-partisan group.

The crux of the Court's reasoning is that permitting alleged non-partisan groups to provide voters' guides within 100 feet of polling locations is likely to be abused. This would require poll workers to make unruly on-the-spot determinations regarding whether the materials being handed out are truly non-partisan, rather than thinly-veiled campaign or issue-oriented materials.

Citing the U.S. Supreme Court's decision in Perry Educ. Ass'n v. Perry Local Educators' Ass'n, the court held that there is a compelling state interest in protecting voters from confusion and undue influence, while preserving the integrity of the electoral process within such 100 foot zones.