Committee narrows exit-polling rule, limits activity in 600-foot election zone

Senate Bill 80, carried to the House Committee on House and Governmental Affairs by Senator Miller, was reported favorably as amended after the committee adopted a technical amendment and a roll-call vote.

The bill narrows the law’s exception for exit polling within the 600-foot no-electioneering zone by defining “exit polling” and limiting the activity inside that zone to bona fide journalists or news media organizations. Secretary of State Nancy Landry told the committee the change responds to incidents in which groups used the lack of a statutory definition to conduct what she described as disruptive ‘‘push polls’’ and activism within the zone.

“Some in our state have attempted to use the law’s lack of definition regarding exit polling to conduct activism within the 600 foot no electioneering zone, which violates the spirit of the law,” Secretary Landry said. She described a recent North Louisiana site where people set up a demonstration of a voting system and asked questions that she said went beyond accepted exit-poll practice.

Landry said the bill would require that exit polling inside the zone be limited to questions about ballot issues and non-disruptive demographic polling done by bona fide media organizations. The secretary identified the statutory definition the bill relies on for “bona fide news gathering organization” and said the office checks applicants’ credentials when it receives exit-poll requests.

Sherry Wharton Hatzke, the state’s commissioner of elections, said the office notifies clerks, commissioners and deputies at a polling place when exit-poll requests are approved and that poll workers are told the pollsters are there ‘‘for exit polling and that they had applied.’’

Several representatives voiced support for tightening rules to prevent what Rep. Farnham called “a 3-ring circus” outside polling places; others and outside witnesses warned the change could raise First Amendment concerns. Attorney and PaRC president Steven Procopio later testified in opposition that the bill, as originally framed, risked unduly restricting citizens’ ability to conduct lawful exit polls.

The committee adopted an amendment that technicalized the bill’s language, moving some phrasing into present law and preserving key subparagraphs. After debate, Representative Farnham moved the committee report; one member objected and the secretary called the roll. The committee returned a favorable report as amended by a vote of 9 yeas and 4 nays.

The bill references existing law governing the 600-foot zone and uses the existing statutory definition of bona fide news organizations in La. Rev. Stat. 44.x (as cited by witnesses during the hearing). The sponsor said the change is intended to preserve the narrow exception historically recognized for news media while preventing what officials described as activist ‘‘push polling’’ inside the protected zone.