[EL] Appearance of recording devices at polling places?

David A. Holtzman David at HoltzmanLaw.com
Fri Nov 2 12:31:32 PDT 2012


In polling places, it's not just talking to people who have come to vote 
that can be intimidating.Taking pictures, or looking like you might be 
taking pictures, can be intimidating as well.(Especially when a voter 
might be carrying a marked ballot, or while a voter is marking a ballot.)

The post below and this 
<http://www.huffingtonpost.com/2012/11/01/project-orca-mitt-romney_n_2052861.html> 
(http://www.huffingtonpost.com/2012/11/01/project-orca-mitt-romney_n_2052861.html) 
"Project ORCA" thing (what does that stand for?) made me think.I, for 
one, would have a hard time not using my phone or iPad's camera if I was 
sitting all day in a polling place, with the device in my hands, waiting 
to check in each voter.I'd simply want to document the experience.

But having such a device out could be offensive and intimidating to a 
voter who knows what it can do.

Can/should/do election officials prohibit the use or display of 
camera-containing devices at polling places (unless everyone in the room 
consents to photography)?

How about having opaque tape on hand and asking people to tape over 
their lenses before they use such devices?How about if people bring and 
use their own tape?

Then how about microphone-containing devices?I imagine officials ban 
talking on cell phones inside polling places, but smartphones can record 
audio.What are the rules, or should the rules be, on 
cellphones/smartphones/similar devices?Keep it in your pocket/purse?

- David Holtzman

p.sI understand that some smartphone addicts might rather leave the 
polling place than wait on line if they're not allowed to use their 
devices while waiting!But most serious line haters probably already vote 
by mail.And I guess the vast majority of smartphone users are engaged 
enough with some in-person or online community to be motivated voters, 
and so would endure a phoneless wait to vote (and vote by mail next time!).




On 11/2/2012 9:28 AM, john.k.tanner at gmail.com wrote:
> I am amazed that the VA Democrats are filing suit, in effect, to allow True the Vote poll watchers to talk directly to voters. This is an invitation for poll watchers to harassment of minority voters.  Poll watchers should never talk to voters in the polls, only to poll workers. Otherwise things can rapidly spiral out of control. This is nuts.
> Sent from my Verizon Wireless BlackBerry
>
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> Subject: [EL] ELB News and Commentary 11/2/12
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-- 
David A. Holtzman, M.P.H., J.D.
david at holtzmanlaw.com

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