09/26/06

News groups win lawsuit in Ohio over poll access; dispute began in 2004 election

By JULIE CARR SMYTH
Associated Press Writer

COLUMBUS, Ohio (AP) -- A federal judge on Tuesday struck down a 2004 directive by Ohio's elections chief against exit polling within 100 feet of a voting place.

U.S. District Judge Michael H. Watson ruled that a verbal order by Secretary of State Ken Blackwell before the 2004 presidential election violated the press' rights under the First Amendment.

The lawsuit was brought by five television networks -- ABC, CNN, CBS, Fox News and NBC -- and The Associated Press, which had formed a consortium to collect exit-polling data in Ohio and other states.

"It's a victory for certainly all the organizations that gather information from voters on Election Day," said attorney Susan Buckley, who represented the news organizations. "It is very important that this information continues to be available not only to the public, but to scholars and historians and the like."

Watson ordered Blackwell to issue an explicit clarification by Oct. 15 so that exit polls can take place in this year's election.

Watson had issued a temporary order in 2004 that allowed the news organizations to conduct exit polls that year. His ruling Tuesday means polling can continue in the future, Buckley said.

Attorneys for Blackwell's office were reviewing the ruling, said James Lee, a Blackwell spokesman.

"The secretary of state's office followed the law as it was written at the time," Lee said. "Now we have from a federal judge issuing a different interpretation.

"But it's important to reinforce that the media has an obligation to act responsibly and not interfere with voters as reporters conduct exit polling."

In 2004, a spokesman said Blackwell anticipated a crush of voters and media in the closely watched 2004 election and told boards to enforce a state law that bars anyone besides voters, election officials, challengers and witnesses from inside the 100-foot limit.