Media, state told to resolve exit-polling issues

News organizations said the distance they must maintain for exit polling is extreme. A federal judge was inclined to agree, and told the state to devise a solution.

By JAMES WALSH, Star Tribune

Last update: October 10, 2008 - 12:07 AM

A federal judge on Thursday told state officials to come up with a way to better allow exit polling on Election Day -- before he issues a ruling forcing them to.

Last week, major news networks and the Associated Press sued the state to stop enforcement of an election day anti-loitering law, saying it would make exit poll interviews with voters virtually impossible. At a hearing, U.S. Chief Judge Michael Davis told attorneys for the state and attorneys representing several national media to come up with a compromise by Friday.

Otherwise, he expected to make a ruling Tuesday or Wednesday on the media's request for an injunction. And Davis left little doubt on which side he would rule.

When Davis asked Ken Raschke, an assistant state attorney general, if the state was willing to sit down and craft an agreement, Raschke said the state might be willing to consider a deal "if the court is inclined to grant an injunction. ..."

Interrupted Davis: "I am inclined."

Minnesota law prohibits anyone who isn't voting from standing within 100 feet of a building where voting occurs. Lawmakers who crafted the law said it was designed to protect voters' privacy, while also giving election judges a clear idea of how far to keep non-voters away from the polls.

But major news networks ABC, CBS, NBC, Fox News and CNN -- and the AP -- say the law restricts their First Amendment rights. And Susan Buckley, an attorney for the news organizations, said the way the law is worded encourages selective enforcement. For example, she said, 100 feet is so far that coffee shops, playgrounds and public sidewalks all fall within the perimeter -- making many people lawbreakers. Yet, she said, election judges are likely to ask only exit pollsters and the news media to get out of the way.

Davis seemed to agree with her. As a visual aid, he'd had a 50-foot strip of blue tape placed down the center of the courtroom floor. The tape ran the length of the large room. Davis noted that a 100-foot strip would end well outside the courthouse.

"That's quite some distance," Davis told Raschke. "There are going to be exceptions to who can be within 100 feet."

"Not in the statute," Raschke said. But the point was made.

Considering that the news organizations intend to only conduct polling at 45 precincts in Minnesota, Davis said, coming to an agreement allowing polling shouldn't be that difficult.

State officials wasted little time trying to find a middle ground with Buckley. They talked for several minutes in the courtroom after Davis left, beginning to lay the framework for a deal. While state officials would not comment, Buckley said, "We are more than happy to hear any proposal that the state wants to put forward."

James Walsh • 612-673-7428

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