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Edited on Tue Oct-31-06 05:30 AM by Azathoth
First, illegal evidence? That's the cops dude, as in criminal investigations under the Fourth Amendment. Not you and me. You would be more than entitled to use the photos you took in support of a lawsuit. And if for some reason you actually ended up being prosecuted for taking out your friggin cell phone (and we're already drifting off into HIGHLY unlikely hypotheticals here, as the most that would likely happen to you is that you would be ejected from the polling place), then claiming that you were documenting a violation of your Constitutional rights would be a reasonable defense and the charges would almost certainly be dropped.
Second, I don't know where you get this idea that "pulling out your cell phone next to a vote machine will draw suspicion" because, quite frankly, I've done it. In fact, I've watched people gabbing on their phones while actually casting their votes. Granted they weren't Diebold machines, but they were still electronic machines. On the off chance that you happen to live in an area that is particularly nuts about prohibiting cameras/cellphones in the polling places (I'm sure there are at least a couple places like that), then play it smart and keep your cell phone in your pocket until you actually enter the booth so that no one can claim you are attempting to photograph anyone else.
Finally, if the poll workers are alert and trustworthy enough to notice one guy with a cell phone near a voting machine, then they are also going to be more than alert enough to pull a machine that people are complaining about.
Bottom line is that you have to stand up for your Constitutional rights. Besides, whipping out your cell phone and taking a quick video of the voting machine (particularly if you are behind a curtain for godsake) is not going to get you arrested.
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