N.J. appeals court restricts exit polling

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ACLU will appeal ruling to Supreme Court

Thursday, August 07, 2008

BY KATE COSCARELLI
Star-Ledger Staff

]Members of the press and public interest groups must get advance approval to conduct exit polling on Election Day and cannot distribute leaflets -- even if they simply state a voter's rights, a unanimous state appeals court ruled yesterday.

A three-judge panel of the New Jersey Appellate Division turned back a challenge from the state chapter of the American Civil Liberties Union of a 2007 directive on exit polling issued by the Attorney General's Office.

The judges said the directive did not stifle any constitutional rights and preserves the 100 feet around the voting polls as "brief sanctuary from solicitation and importuning."

Calling it a blow to the right to vote and the right to free speech, the civil rights group said it will appeal to the Supreme Court.

"It prohibits the distribution of any material or virtually any kind of speech within 100 feet of a poll," said Frank Corrado, who represented the ACLU. "Voters are denied an opportunity to obtain information that is protected, that doesn't threaten or intimidate or electioneer in any way."