[EL] Appearance of recording devices at polling places?

[Joseph Lorenzo Hall]

We recently published work that raised this growing issue in the
context of security and privacy of the polling place (
https://josephhall.org/papers/jhall-evtwote12.pdf ).

The kicker is that some people seem to want to use their smartphones
as a "cheat sheet" and either store their ballot choices there or
bookmark pages that might go through ballot choices for reference
while voting.  And, as we reference in the paper, there are
applications for Android and iOS (iPhone) that are meant to be
substitutes for the voter guide (you sign up to "save trees" by using
the app voter guide and it stores your choices). So, in at least those
counties (three CA counties) it will be problematic to ban smartphone
usage.

As a security and privacy guy, there's so much potential for abuse of
these kinds of devices... not in the "hacking machines" sense but in
the "undue influence" sense. However, I'm not sure there's much that
we can do about their presence.

Certainly, poll workers should be alert to anything approaching
intimidation and discourage photography and video in the polling place
during voting hours (it should be no big deal before or after polls
are live). best, Joe

On Fri, Nov 2, 2012 at 3:31 PM, David A. Holtzman <David at holtzmanlaw.com> wrote:
>
> 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)
> “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.s  I 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
>
> -----Original Message-----
> From: Rick Hasen <rhasen at law.uci.edu>
> Sender: law-election-bounces at department-lists.uci.edu
> Date: Fri, 2 Nov 2012 09:08:42
> To: law-election at UCI.edu<law-election at UCI.edu>
> 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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