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Judge rules for news organizations over poll access in Ohio (ABC CBS FOX CNN NBC and AP)
Kansas.com ^ | 2 November 2004

Posted on 11/02/2004 11:58:10 AM PST by demlosers

Associated Press

COLUMBUS, Ohio - Exit polling can be conducted within 100 feet of a polling place on Election Day, a federal judge ruled.

U.S. District Judge Michael H. Watson's ruling on Monday night overturned an October directive by Ohio Secretary of State Kenneth Blackwell to prohibit exit polling within 100 feet of precincts.

Five television networks - ABC, CNN, CBS, Fox News and NBC - and The Associated Press had sued on Monday, seeking a temporary order to block Blackwell's directive that limited the exit-poll surveys, even though there had been no prior problems.

"Polling activities such as these have been conducted in this manner for over two decades," Watson wrote in his nine-page ruling. "There is no evidence before the court that these activities have ever impinged on a citizen's right to vote."

Betty Hull, spokeswoman for the secretary of state, said Tuesday that Blackwell would abide by the ruling.

The news organizations have formed a consortium to collect exit-polling data in Ohio and other states. The organizations said Blackwell's prohibition would have hindered their ability to gather information about the political process and would violate constitutional guarantees of free speech.

Dave Tomlin, AP assistant general counsel, said that exit polling provides insight into how people vote.

"Everyone will benefit from this ruling, especially citizens who want to understand after this election is over, why it came out the way it did," Tomlin said Tuesday. "That's the real benefit from exit polling."

The networks and the AP said exit-poll reporters were allowed to conduct interviews within 100 feet of polls as recently as the March primary. According to the lawsuit, Blackwell had told county boards in February that since state law does not specifically regulate exit-polling, "in keeping with Ohio's past practices, exit pollsters should not be disturbed solely because they are conducting exit polling within the 100-foot-boundary."

Blackwell spokesman Carlo LoParo on Monday said media interest in the Ohio election was much less in February. Anticipating a crush of voters and media on Tuesday, Blackwell last month told boards to enforce a state law that bars anyone besides voters, election officials, challengers and witnesses from inside the 100-foot limit, LoParo said.


TOPICS: Extended News; Politics/Elections
KEYWORDS: electiondaybias; exitpolling; exitpolls; mediabias; ohio; ohiofraud; ohiovoterfraud; pollwatchers; pollwatching
Exit polling done by the bias press.
1 posted on 11/02/2004 11:58:14 AM PST by demlosers
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To: demlosers

To the HWA (hand-wringers of America):

Channel your negative energy

Don't assume anything. Call!

http://www.georgewbush.com/call/

If you don't see anything on this page - you need to sign up!

A good way for Freeps in safe (Red OR Blue) states to help in the battlegrounds.


2 posted on 11/02/2004 12:02:07 PM PST by Grit ('For the love of my brother, and for the love of my country.' - Pat Tillman)
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To: demlosers

How about no polling period within the last week of the campaign.


3 posted on 11/02/2004 12:02:29 PM PST by bahblahbah
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To: demlosers

When you tell 'em "F#&@ You" do they count that as a Kerry vote?


4 posted on 11/02/2004 12:03:59 PM PST by digger48
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To: demlosers

The problem isn't exit pollers. The problem is members of Moveon.org and ACT posing as exit pollers in order to harass and intimidate GOP voters.


5 posted on 11/02/2004 12:04:26 PM PST by Dont Mention the War (How important a Senator can you be if Dick Cheney's never told you to "go [bleep] yourself"?)
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To: demlosers

I am against exit polling and early calling of the election results. The leftist media just use this tool to manipulate the public.


6 posted on 11/02/2004 12:07:11 PM PST by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: digger48

I hope not, cuz that's what I would say to them!!


7 posted on 11/02/2004 12:08:35 PM PST by RockinRight (Bush's rallies look like World Series games. Kerry's rallies look like Little League games.)
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To: demlosers
Hmm. The plain text of the statute excludes anyone except voters and officials from 100 feet of the polling place. Yet, the judge overturns that law because of the media's claim that it infringes their First Amendment-derived right to report the news?

Sigh. The First Amendment protects the media's right to publish information. It does not protect a "right" to collect information. If it did, then the government would have no ability to keep any information secret. Reporters would have to be allowed to broadcast secret intelligence briefings, criminal court proceedings, jury deliebrations, etc.

8 posted on 11/02/2004 12:09:41 PM PST by Chemist_Geek ("Drill, R&D, and conserve" should be our watchwords! Energy independence for America!)
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To: Dont Mention the War

I wouldn't trust the media... they vote almost 90% for Dems.


9 posted on 11/02/2004 12:10:51 PM PST by demlosers
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To: The Ghost of FReepers Past
I am against exit polling and early calling of the election results. The leftist media just use this tool to manipulate the public.

Yes, we should have learned from 2000.

10 posted on 11/02/2004 12:12:01 PM PST by demlosers
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To: demlosers
When you tell 'em "F#&@ You" do they count that as a Kerry vote?

Apparently, that isn’t too far from the truth. Gallup, supposedly, was taking people who refused to talk with them after exiting early voting sites and marking them for Kerry.

11 posted on 11/02/2004 12:14:37 PM PST by bushisdamanin04
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To: Dont Mention the War
The problem isn't exit pollers. The problem is members of Moveon.org and ACT posing as exit pollers in order to harass and intimidate GOP voters.

I don't understand the concern with "voter intimidation". Unless I am breaking the law, there is no way some liberal dork is going to "intimidate" me and keep me from voting.

I think the Dims just don't want anyone interferring with their attempts to commit voter fraud.

I waited for an hour (part of it in the rain) to vote for "W" first thing this morning. Heaviest turnout I have seen in yrs in this heavily Republican county in Mississippi.

12 posted on 11/02/2004 12:21:02 PM PST by A Mississippian
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To: bushisdamanin04

I sent the AP an email complaining about the way they are trying to spin for Kerry. Here is the email address:

info@ap.org

At least let them know we are onto their games.


13 posted on 11/02/2004 12:52:17 PM PST by LegalEagle61
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To: demlosers

First: When I was a child, your vote was known only to you. Not your wife, not your kids. They knew what party you stood behind, but not your actual vote.

Second, NO ONE asked you before or after you went. It eliminated all efforts at intimidation, AND eliminated the power the MEDIA has to PREDICT/FORECAST, basically suck you up into watching TV so they can hawk products for their advertisers.


We ought to insist it be this way again. Betcha if we did, the MSM's would file lawsuits. I don't know how they could FORCE anyone to tell, but if everyone cooperated and WOULD NOT TELL, the MSM would lose all it's POWER, and actually have to resort to RESEACHING FACTS, REPORTING THE TRUTH, etc.


14 posted on 11/02/2004 1:06:33 PM PST by UCANSEE2
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To: LegalEagle61

Thanks.


15 posted on 11/02/2004 1:06:39 PM PST by bushisdamanin04
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To: demlosers

too late to organize this now but there should have been a concentrated effort to get out this message to conservatives:

"If you are approached by an exit poller just say you voted for Kerry"

a) it will keep them from harassing you
b) it would skew the numbers on the news and help drive more conservatives to the polls
c) it would skew the numbers so badly on the news that it would be shown for how useless it is


16 posted on 11/02/2004 1:12:29 PM PST by kpp_kpp
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