05/21/08

Judge OKs exit polling near S.D. voting places

By CHET BROKAW
Associated Press Writer

PIERRE, S.D. (AP) -- A federal judge has approved a legal settlement that allows exit polling within 100 feet of voting places in South Dakota.

State officials reached an agreement with six news organizations that had sued to strike down a South Dakota law that barred exit polling near voting places.

In a document filed Wednesday, U.S. District Judge Lawrence Piersol of Sioux Falls approved the agreement, which stops state officials from enforcing the distance restrictions in the June 3 primary and subsequent elections.

The lawsuit was filed by ABC, CBS, NBC, CNN, Fox News and The Associated Press. The news organizations sponsor the exit polls that question people after they vote to find out their views and determine why they voted as they did.

South Dakota Attorney General Larry Long said Tuesday the agreement was prudent because courts in other states have ruled against similar restrictions on exit polling.

The agreement prevents the state from enforcing only the part of the law that barred exit polling within 100 feet of polling places. Other portions of the law that prevent campaigning or other disruptive behavior near voting places will remain in effect.

Written arguments filed by the news organizations said there is no evidence that exit polling has ever interfered with the conduct of an election anywhere in the nation.

The lawsuit argued that the state law violates the First Amendment because it restricts the news organizations' speech and commentary about the political process and limits their opportunities to gather information about elections.

The accuracy and reliability of exit polling would be harmed if the questioning is not conducted within 100 feet of polling locations because some voters might get into vehicles and leave before they can be questioned, the lawsuit said.

Exit polls provide information used by news organizations and scholars to help analyze voting patterns according to gender, age, income, race, religion and other categories. The information helps explain how and why people voted for or against particular candidates.