BTW, isn't the photographer at least allowed to take pictures as long as he doesn't publish them without the consent of the people in the pictures?
Orlando Salinas, in Palm Beach, just had his cameraman pan the line of waiting voters.
Case law varies quite a bit from state to state as to what constitutes a public place. Generally, the rules are that it is a place where privacy cannot be assumed, the general public is freely able to visit and is not private property.
However, as a photojournalist, I avoid photographing people who don't want to be photographed unless there is an overriding news reason to photograph them. For example, a random voter who asks not to be photographed won't end up in the paper while a known party activist who is trying to keep somthing hidden will be photographed if that thing is newsworthy.